Decree of the Minister of Foreign Affairs No. 23 / 1960 Coll.
Decree on the Agreement between the Czechoslovak Republic and the United Arab Republic on Air Services
Valid
Effective from 25.10.1959
23
DECLARATION
Minister for Foreign Affairs
of 8 February 1960
on the Agreement between the Czechoslovak Republic and the United Arab Republic on Air Services signed in Prague on 14 August 1959
The Agreement between the Czechoslovak Republic and the United Arab Republic on Air Services was signed in Prague on 14 August 1959.
The Government of the Czechoslovak Republic approved the Agreement on 7 October 1959. The approval of the Agreement by the competent authorities of the United Arab Republic was communicated by a note dated 14 September 1959 and its approval by the Government of the Czechoslovak Republic by a note dated 25 October 1959.
According to its Article XVII, the Agreement entered into force on 25 October 1959.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Czechoslovak Republic and the United Arab Republic on air services
Government of the Czechoslovak Republic and Government of the United Arab Republic
led by efforts to promote scheduled civil air transport between these countries
agree on the following provisions:
Pursuant to this Agreement and its Annexes
1. the term "Aviation Authority" means: as regards the Czechoslovak Republic, "Ministry of Transport - Aviation Department,"
as regards the United Arab Republic "Civil Aviation Administration ',
These authorities may be replaced by other authorities which would later be entrusted with carrying out their current tasks;
2. the term "designated undertaking" shall mean an air transport undertaking which has been notified in writing by the aviation authority of one of the Contracting Parties to the air authority of the other Contracting Party as an undertaking established under Article II and III of this Agreement to operate the agreed services;
3. the term "agreed services" means international air services foreseen in the Annex to this Agreement;
4. The Annex to this Agreement shall be considered as an integral part of the Agreement and, unless otherwise specified, any reference to the Agreement shall also apply to that Annex.
The Contracting Parties shall grant each other the rights set out in this Agreement in order to establish and operate the agreed services.
1. The agreed services may be put into service once:
(a) the Contracting Party granting the rights shall designate in writing one or more air transport undertakings for that purpose;
(b) the Contracting Party granting the rights shall issue the undertakings concerned with the relevant operational authorisation, taking into account paragraph 2 of this Article and Article IV, without undue delay.
2. However, designated undertakings may be invited to demonstrate to the aviation authority of the Contracting Party which grants the rights that they are in a position to comply with the conditions laid down by the laws and other legislation under which that authority normally pursues the regulation of the operation of international air services, before they are entitled to initiate the agreed services.
1. Each Contracting Party reserves the right to refuse or revoke an operating authorisation to undertakings established by the other Contracting Party unless it is satisfied that the bulk of the ownership and effective control of such undertakings belongs to the other Contracting Party or its citizens, or that such undertakings are governed by the laws and other legislation referred to in Article X or by the conditions under which such authorisation has been granted to them.
2. If it is not necessary to revoke the authorisation in order to prevent further serious infringements, this right shall only be used after prior negotiations with the other Contracting Party.
Each Contracting Party shall grant to undertakings designated by the other Contracting Party, unless otherwise provided for in Articles VI and VII, the rights to load and land in its territory and at the commercial stops specified in the Annex to the Passenger, Goods and Mail, whose destination or take-up lies within the territory of the other Contracting Party or third States.
1. The undertakings designated by the Contracting Parties for the operation of the agreed services shall be granted due and fair treatment.
2. The main purpose of the agreed services of each Contracting Party shall be to provide transport capacity appropriate to the normal and reasonably foreseeable needs of air transport between the territory of the Contracting Party which has established the undertaking and the countries of final destination of that transport.
3. The transport capacity offered by each of the undertakings designated for the operation of the agreed services shall be determined by a direct agreement between the designated undertakings as regards the common sections and shall be subject to approval by the air authorities of the two Contracting Parties.
The performance of the rights granted may not be misused by the undertakings designated by one Contracting Party at the expense or to the detriment of any of the air transport undertakings of the other Contracting Party which carry out regular services for all or part of the same route.
The provisions of this Agreement and its Annexes shall not entitle undertakings designated by one Contracting Party to load in the territory of the other Contracting Party for salary or for any other remuneration of passengers, goods or mail whose destination would be in the same territory.
The certificate of competence to fly, diplomas and aviation licences issued or declared valid by one Contracting Party shall be recognised by the other Contracting Party as valid for the operation of the agreed services. However, each Contracting Party reserves the right not to recognise diplomas and IDs issued by the other Contracting Party to the citizens of the first Contracting Party as valid for flights over its territory.
1. The laws and regulations governing the entry, stay and exit of aircraft used for international flights in the territory of one Contracting Party or applicable to the operation, flight and management of such aircraft over that territory shall apply to aircraft of undertakings designated by the other Contracting Party.
(2) The laws and other provisions governing the entry, stay and exit of passengers, crews, goods and mail in the territory of one Contracting Party, in particular as regards formalities concerning entry, immigration and exit, passports, customs duties and quarantine, shall apply to passengers, crew, goods and mail carried by aircraft of undertakings designated by the other Contracting Party, provided that they are in that territory.
1. The rates applicable to the agreed services will be set at a reasonable level, in particular taking into account the economy of the operation, the usual profit and the notable features of each service as speed and comfort.
2. The International Air Transport Association (IATA) recommendations will be taken into account when setting these rates.
3. These rates will be the subject of an agreement between the designated undertakings and will be subject to approval by the competent aviation authorities.
1. Taxes and charges imposed by one Contracting Party on undertakings designated by the other Contracting Party for the use of airports and other technical installations shall not be higher than taxes and charges levied on other foreign air transport undertakings performing similar international services in the territory of the Contracting Party imposing such taxes and charges.
2. Fuel and lubricating oils taken into aircraft by undertakings designated by one Contracting Party shall be exempt from customs duties, control levies or other domestic and local taxes and charges imposed by the other Contracting Party, even if those stocks are partly consumed between two locations situated in the territory of the Contracting Party granting the exemption, in accordance with the customs legislation applicable in the territory of that other Contracting Party.
3. Propagating materials, lubricating oils, spare parts, conventional equipment and supplies which are on the aircraft when it is landed in the territory of the other Contracting Party shall be exempt from customs duties, control levies or other domestic and local taxes and charges if these goods remain under customs control.
4. Replacement parts and equipment imported into the territory of a Contracting Party for the purpose of being built in or used on an aircraft of an undertaking established by the other Contracting Party, as well as land equipment used for that purpose, shall be exempt from customs duties in accordance with the rules governing the Contracting Party granting the exemption.
1. If one of the Contracting Parties considers it desirable to amend any provisions of this Agreement, it may at any time propose, by diplomatic means, negotiations between the aviation authorities of both Contracting Parties. Such proceedings must be opened within 60 days of the date on which they were requested. If those authorities reach agreement on the amendments to be made, those amendments shall enter into force on the date of their confirmation by exchange of diplomatic notes.
2. If one of the Contracting Parties considers it necessary to amend any of the provisions of the Annex to this Agreement, it may enter into direct negotiations with the aviation authority of the other Contracting Party. Such negotiations shall take place within 60 days of their being requested. The amendments agreed between those authorities shall enter into force provisionally as soon as the air authorities of the two Contracting Parties have agreed and definitively confirmed by the exchange of diplomatic notes.
1. Each of the Contracting Parties shall require its designated undertakings to forward their draft timetable and tariffs and any other information relating to the operation of the agreed services to the air authority of the other Contracting Party as soon as possible.
2. Each Contracting Party shall require its designated undertakings to send regularly the operational statistics of the agreed services to the Air Authority of the other Contracting Parties.
The Contracting Parties shall resolve any dispute concerning the interpretation or implementation of this Agreement and its Annexes by direct negotiation between the competent aviation authorities or, failing that, by diplomatic means.
Each Party may at any time notify by diplomatic channels to the other Party that it wishes to terminate this Agreement. The Agreement thus denounced shall expire 12 months after the date on which the other Contracting Party receives the notification, unless such notification is withdrawn in a joint agreement before the expiry of that period.
1. This Agreement shall enter into force on the date on which the Contracting Parties exchange diplomatic notes that the Agreement has been approved in accordance with their national law.
2. However, the provisions of the Agreement shall apply from the date of its signature.
3. Which, in evidence signed by representatives duly empowered by their governments, signed this Agreement.
Dane in Prague on 14 August 1959 in duplicate, each in the Czech, Arabic and French languages, the three texts being equally authentic.
For the Government
Czech Republic
Karel Štekl v. r.
For the Government
United Arab Republics
Mohamed Soliman El Hakim v. r.
Annex
A
1. Undertakings established by the Czechoslovak Republic are entitled to operate both air services on the following routes:
Prague - Cairo and (or) Damascus through intermediate locations and towards other locations that will be required later by common agreement between the aviation authorities of both Contracting Parties.
2. Undertakings established by the United Arab Republic shall be entitled to operate both air services on the following routes:
Places in the United Arab Republic - Prague through intermediate places and towards other places, which will in both cases be required later by common agreement between the aviation authorities of both Contracting Parties.
B
The designated undertakings of each Contracting Party shall be entitled to maintain in the territory of the other Contracting Party technical and commercial personnel appropriate to the scope of the agreed services provided that the laws and other laws of the other Contracting Party are complied with.
If the undertakings designated by one of the Contracting Parties do not provide the services of their operations in the territory of the other Contracting Party by their own offices and by their own staff, the other Contracting Party may invite them to entrust services such as bookkeeping, servicing and ground handling to an organisation approved by the Aviation Authority and having the nationality of that other Contracting Party.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 23 / 1960 Coll., on the Agreement between the Czechoslovak Republic and the United Arab Republic on Air Services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1960 |
|---|---|
| Effective from | 25.10.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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