Decree of the Ministry of Foreign Affairs No. 206 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
Valid
Effective from 16.09.1964
206
DECLARATION
Minister for Foreign Affairs
of 2 November 1964
on the Air Transport Agreement between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
On 9 March 1964, the Air Transport Agreement between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria was signed in Algiers.
The Agreement pursuant to Article 24 entered into force in exchange for a note and its approval, i.e. on 16 September 1964.
The Czech translation of the Agreement is announced simultaneously.
First Deputy Minister:
Dr Gregor v. r.
AGREEMENT
on air transport between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
The Government of the Czechoslovak Socialist Republic and the Government of the Algerian Democratic People's Republic, led by a desire to assist the development of air transport between their countries and to undertake the widest possible international cooperation in this area, and based in particular on the principles and provisions of the Convention on International Civil Aviation signed in Chicago on 7 December 1944,
they have agreed as follows:
The Contracting Parties shall grant each other the rights and benefits provided for in this Agreement in order to establish the international air services listed in the Annex.
Definitions
When 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 the Czechoslovak Socialist Republic, the Ministry of Transport, Civil Aviation Administration and as regards the People's Democratic Republic of Algeria, the Ministry of Reconstruction, Public Works and Transport, the Subdirectorate of Civil Aviation, or in both cases any authority authorised to carry out the functions currently carried out by those authorities;
3. the terms "agreed services" and "specified lines" mean international air services and lines as defined in the Annex to this Agreement;
4. the term "designated undertakings" means air transport undertakings designated by the relevant governments to operate the agreed services.
General provisions
The laws and regulations of each Contracting Party relating to the entry into, stay in or exit from its territory of aircraft operating international flights or operations of such aircraft within its territory shall apply to aircraft of the other Contracting Party.
Crews, passengers and consignors of goods must be submitted either personally or through a third party acting on their behalf and on their behalf to the laws, regulations and regulations under which the entry, residence and exit of crews, passengers and goods such as entry, immigration, immigration, passport formalities, exit, customs, health and foreign exchange management are governed on the territory of each Contracting Party.
Airworthiness certificates, diplomas and air licences issued or recognised as valid by one of the Contracting Parties shall be recognised, unless they have expired, as valid by the other Contracting Party for the purpose of operating the agreed air services.
However, each Contracting Party reserves the right not to recognise as valid diplomas and air IDs issued to its own nationals by the other Contracting Party for flying over its territory if such diplomas and aeronautical IDs do not comply with the conditions laid down by the International Civil Aviation Organisation.
1. Aircraft used in international operations by an air transport undertaking designated by one Contracting Party, as well as their normal on-board equipment, spare parts, fuel and lubricating oil supplies, on-board supplies (including food, beverages, tobacco products), shall be exempt from customs duties, inspection fees and other similar charges and charges when arriving in the territory of the other Contracting Party, provided that such equipment and supplies remain on board aircraft until their re-export.
2. With the exception of fees and charges for services rendered, they shall be exempt from the same fees and charges under the same conditions:
(a) fuel and lubricating oils taken on board aircraft on the territory of one Contracting Party and intended for the use of aircraft used in international operations by air transport undertakings designated by the other Contracting Party for the operation of the agreed services, even if those stocks are to be used for the flight section over the territory of the Contracting Party on which they were loaded;
(b) on-board supplies taken into the territory of one Contracting Party within the limits set by the authorities of that Contracting Party on board aircraft used in international operations by air transport undertakings designated by one of the Contracting Parties for the operation of the agreed services;
(c) spare parts imported into the territory of one Contracting Party for the maintenance or repair of aircraft used in international operations by air transport undertakings designated by the other Contracting Party.
3. The usual on-board equipment, provisions for propelling and lubricating oils, on-board supplies and spare parts on board aircraft of one Contracting Party used in international operations may be landed in the territory of the other Contracting Party with the agreement of the customs authorities of that Contracting Party. In this case, they shall remain under the supervision of those customs offices until their re-export or customs clearance, and shall remain at the disposal of the undertaking which is their owner.
4. Equipment, supplies and any material which is favoured on entry into the territory of one Contracting Party within the meaning of the preceding paragraphs shall not be disposed of without the consent of the customs authorities of that Contracting Party.
Each Contracting Party shall have the right to refuse or revoke an authorisation to operate an undertaking designated by the other Contracting Party if it reasonably considers that it is not demonstrated 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 3 or fails to comply with the obligations imposed by this Agreement.
Agreed services
The Government of the Czechoslovak Socialist Republic provides the Government of the Algerian Democratic People's Republic and the Government of the Algerian Democratic People's Republic gives the Government of the Czechoslovak Socialist Republic the right to operate one or more designated air transport undertakings with agreed services, as specified in the list of routes in the Annex to this Agreement.
The agreed services shall be operated by one or more air transport undertakings designated by each Contracting Party to operate one or more specified lines.
Each Contracting Party shall have the right to replace, after informing the other Contracting Party, the relevant undertakings intended to operate the agreed services by one or more undertakings. The newly designated undertaking or undertakings shall enjoy the same rights and shall be subject to the same obligations as those which they have replaced.
The operation of the agreed services by each of the designated undertakings shall be subject to the full control of the Contracting Party granting the operating authorisation.
It is agreed that this operating authorisation shall be granted to the participating undertaking or undertakings as soon as possible, subject to the provisions of Articles 6 and 10 of this Agreement.
The designated undertakings shall be invited, as appropriate, to demonstrate to the aviation authorities of the Contracting Party providing the right that they are able to satisfy the requirements laid down by the laws and regulations of that Contracting Party relating to the activities of air transport undertakings.
The agreed services may be operated immediately or later at the request of the Contracting Party to which the rights are granted.
The designated undertakings of each Contracting Party shall be guaranteed fair and equal treatment in order to benefit from the same possibilities for the operation of the agreed services.
In the joint sections, undertakings will have to take into account each other's interests in such a way that they do not interfere inappropriately with services operated by the undertaking of the other Contracting Party.
An air transport undertaking or undertakings designated by one of the Contracting Parties under this Agreement shall have the right to land and load passengers, mail and goods in the territory of the other Contracting Party in the places of landing and on the routes listed in the Annex, including landing points in third countries, subject to the conditions laid down in the following Articles.
1. On each of the lines listed in the Annex, the objective of the agreed services shall be to indicate, while maintaining a reasonable utilisation coefficient, such transport capacity as corresponds to the normal and reasonably foreseeable demand for international air transport from or to the territory of the Contracting Party which has designated the airline operating those services.
2. The undertaking or undertakings designated by one Contracting Party will be able to satisfy, within the limits of the total capacity foreseen in the first paragraph of this Article, the demand for transport between the territory of the third States through which they cross the lines set out in the Annex and the territory of the other Contracting Party, taking into account local and regional transport services.
If this requires a temporary increase in traffic on these routes, designated air transport undertakings may, subject to the agreement of the air authorities of the Contracting Parties, put into service additional capacity above the level foreseen in the previous Article.
In the event that the aviation authorities of one Contracting Party would not wish to provide, on one or more lines, either in part or in full, the transport capacity allocated to it, they may, for a certain period, forward to the designated undertakings of the other Contracting Party a part or the whole of the transport capacity not provided.
Authorities which have transferred all or part of their rights in this way may take them back at any time.
The exercise of rights granted by one Contracting Party shall not prejudice the use of capacity offered in sections between the territory of that Party and landing points in third countries.
The air authorities of both Contracting Parties shall consult as necessary to examine the conditions under which designated undertakings implement the provisions of this Agreement and to ensure that their interests are not prejudiced.
1. The tariffs will be set at an appropriate level, taking into account in particular the economy of the operation, the notable features of each service and the tariffs of other undertakings which operate in whole or in part on the same route.
2. The tariffs intended for transport and for loading or unloading at a single landing point on the route shall not exceed the tariffs applied by the undertakings of the Contracting Party which operate local or regional services on that section of the route.
(3) The tariffs applicable to agreed line services listed in the Annex to this Agreement shall, as far as possible, be established by agreement between the designated undertakings.
These undertakings will determine the tariffs either:
(a) by direct agreement after consultation, if necessary, with third-country air transport undertakings operating in whole or in part the same lines;
(b) or using decisions taken by the International Association of Air Carriers.
4. The tariffs thus determined shall be submitted for approval to the aviation authorities of each Contracting Party at least 30 days before the date on which they are to enter into force, which may be reduced in special cases with the agreement of those authorities.
5. If designated air transport undertakings do not agree to fix a tariff in accordance with paragraph 3 of this Article, or if one of the Contracting Parties notifies that it does not agree with the tariffs submitted to it under paragraph 4, the air authorities of the Contracting Parties shall endeavour to reach a satisfactory solution.
If no agreement is reached, the procedure foreseen in Article 22 of this Agreement shall apply.
Until the conflict is resolved, the Contracting Party that did not agree with the tariff will have the right to require the other Contracting Party to maintain the previously valid tariffs.
1. The designated undertakings shall communicate to the aviation authorities of the two Contracting Parties at the latest 15 (15) days before the commencement of the agreed flight schedules, frequency and type of aircraft to be used. They will also be obliged to notify each other of any subsequent changes.
2. Air transport undertakings designated by each Contracting Party shall be entitled to maintain in the territory of the other Contracting Party technical and commercial personnel in a reasonable number of services, subject to compliance with the laws and regulations of the other Contracting Party.
Interpretation, amendment and termination of the Agreement. Dispute settlement
Each Contracting Party may at any time request consultations between the competent authorities of both Contracting Parties to interpret, implement or amend this Agreement.
This consultation shall begin no later than 60 days after the date of receipt of the request.
Amendments to this Agreement, which would be decided upon, shall enter into force upon their confirmation by means of a diplomatic communication.
Amendments to the Annex to this Agreement to be decided shall enter into force by agreement of the Air Authorities of the Contracting Parties.
Each Contracting Party may at any time notify the other Contracting Party of its wish to terminate this Agreement.
This communication will be sent simultaneously to the International Civil Aviation Organisation.
The denunciation shall take effect six months after the receipt of the notification by the other Party, unless the notification is withdrawn by common agreement before the end of that period.
In the event that a Party receiving such a communication would not confirm its income, it will be deemed to have received that notification 15 days after its receipt to the International Civil Aviation Organisation.
1. If any dispute arises between the two Contracting Parties concerning the interpretation or implementation of this Agreement and its Annexes, the Contracting Parties shall deal with it by direct negotiation between the aviation authorities or, if this is not achieved, by diplomatic means.
2. If a dispute concerning the interpretation or application of this Agreement cannot be settled in accordance with the provisions of paragraph 1, it shall be referred at the request of one of the Parties to the arbitration panel.
3. The arbitration panel shall consist of three members. Each of the two governments shall elect one arbitrator; Those two arbitrators shall agree to appoint a third-State national as Chairman.
4. If the dispute cannot be resolved by conciliation, the arbitration panel shall decide by a majority vote. Unless otherwise agreed by the Parties, the Tribunal shall itself lay down the principles governing its conduct and determine its seat.
5. The Contracting Parties undertake to submit themselves to the provisional measures which may be laid down in the course of the procedure and to the arbitration finding which shall in any event be deemed final.
6. If one of the Contracting Parties does not submit to arbitration findings, the other Contracting Party may, for as long as this situation persists, restrict, temporarily suspend or withdraw the rights or benefits which it has provided to the non-compliant party under this Agreement.
7. Each Party shall bear the costs associated with the activities of its arbitrator and half the costs of the designated Chairperson.
Final provisions
This Agreement and its Annex will be sent for registration to the International Civil Aviation Organisation.
This Agreement shall enter into force on the day on which both Parties notify each other that their respective constitutional provisions have been complied with.
However, the Contracting Parties agree to apply the provisions of this Agreement from the date of its signature.
Dane in Algiers on 9 March 1964.
For the Government of the Czechoslovak Socialist Republic:
M. Murín v. r.
On behalf of the President,
M. Mehraz v. r.
Annex
Czechoslovak lines:
1. Praha-Algeri-Kano or Lagos-Akcra and vice versa,
2. Praha- Algiers -Dakar-Bachar- Konakry and places in South America and back.
Algerian lines:
1. Algeria-Geneva-Prague-Paris and back,
2. Algeria-Tunis-Rome-Vienna-Prague and back.
Notes:
1. The undertaking designated by the Contracting Party may, as it wishes, omit any points on the lines described at all or some years.
2. The undertaking designated by one of the Contracting Parties will be able to land in one or more other intermediate places or places after the landing point in the territory of the other Contracting Party, in addition to the points on the list of lines; However, it shall have no transport rights between those or those intermediate points or points behind the landing point in the territory of the other Contracting Party and the territory of that other Contracting Party, unless such rights are granted to it by the other Contracting Party.
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Regulation Information
| Citation | Decree No. 206 / 1964 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.12.1964 |
|---|---|
| Effective from | 16.09.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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