Decree of the Minister for Foreign Affairs No. 30 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of air transport
Valid
Effective from 04.12.1972
30
DECLARATION
Minister for Foreign Affairs
of 20 February 1973
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of air transport
On 25 February 1972 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of air transport was signed in Prague.
The Agreement entered into force on 4 December 1972 pursuant to Article 21 thereof.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of air transport
The Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic, led by a desire to consolidate and extend cooperation in the field of air transport, in accordance with the principles of the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport, as well as on cooperation in passport, customs and other control at the crossing of state borders, signed in Prague on 21 December 1970, have decided to conclude this agreement.
To that end, they appointed their agents:
Government of the Czechoslovak Socialist Republic
Dr. Ing. Štefana Šutku
Minister for Transport,
Government of the German Democratic Republic
Ing. Otto Arndta
Minister for Transport,
who, after the exchange of powers which they found in good and proper form, have agreed as follows:
For the implementation of this Agreement and its Annexes, the following expressions shall have the following meaning:
1. "Aviation Authority" means, as regards the German Democratic Republic, the Ministry of Transport, the main civil aviation management
and
as regards the Czechoslovak Socialist Republic, Federal Ministry of Transport, Civil Aviation Department
or
in both cases, any other authority to be entrusted by the relevant Contracting Party with the performance of the functions and rights conferred on the authorities referred to above;
2. "agreed lines" means the airlines set out in the Annex to this Agreement;
3. "designated airline" means an airline designated by one of the Contracting Parties to carry out international air transport and to operate agreed routes.
(1) The Contracting Parties shall grant each other the air and transport rights set out in this Agreement and its Annex. Each Contracting Party shall be entitled to commence operations immediately or at a later date on the lines for which the other Contracting Party has granted its rights.
(2) Only airports approved by the relevant Contracting Party for international flights may be used to operate the agreed routes and other flights foreseen by this Agreement and its Annex. The air authorities of the Contracting Parties shall inform each other of these airports.
(3) The Contracting Party designated by the airline shall not be entitled to carry passengers, mail and cargo between points within the territory of the other Contracting Party (cabotage) in return for payment.
(1) Each Contracting Party shall establish flights in its territory for aircraft operating agreed lines and crossing points of State borders. Each Contracting Party shall determine, as far as possible, the shortest flight path.
(2) In order to ensure the safety of flights on agreed routes, each Contracting Party shall provide the aircraft of the other Contracting Party with the services of the necessary radio navigation equipment, aerodrome light-signalling equipment, meteorological and other auxiliary equipment necessary for the safe conduct of flights, as well as data on those ancillary equipment, on major and alternate aerodromes, as well as on flights within its territory.
Each Contracting Party shall designate one or more airlines to operate the agreed routes. This designation shall be notified in writing by the aviation authority of one Contracting Party to the aviation authority of the other Contracting Party.
(1) Designated airlines of one Contracting Party are subject to the legislation of that other Contracting Party applicable to air transport within the territory of the other Contracting Party.
(2) Aircraft, crew, passengers and cargo of one Contracting Party within or above the territory of the other Contracting Party shall be subject to the legislation of that other Contracting Party relating to public policy and security, including border and customs control provisions, foreign exchange, health, veterinary and plant protection rules.
(3) Each Contracting Party reserves the right to temporarily revoke the rights set out in the Annex to this Agreement if the designated air undertaking of the other Party does not comply with the conditions laid down in this Agreement when operating the agreed routes, and this right will only be exercised after consultations between the air authorities of both Contracting Parties.
(1) The aircraft of a designated air undertaking of one Contracting Party must bear, for flights within the territory of the other Contracting Party, a registration mark for international flights.
(2) In addition, the aircraft shall be accompanied by a certificate of registry, a certificate of airworthiness for flight, a permit for the operation of a radio station and other documents provided by the State of registration. Crew members shall have valid certificates.
(3) Each Contracting Party shall recognise as valid in its territory the documents of the other Contracting Party referred to in paragraph 2, provided that they have been issued or are recognised as valid by the other Contracting Party.
(1) The transport capacity of the airlines of both Contracting Parties on the agreed routes will be determined according to the expected transport demand between the territories of both Contracting Parties. The frequency and timetables for these air routes, agreed by the airlines on a level playing field basis, shall be subject to the agreement of the air authorities of the two Contracting Parties.
(2) The air authorities of both Contracting Parties shall transmit to each other on request such statistical data as may be reasonably required for the purposes of evaluating the capacity offered on the agreed air routes.
(1) The tariffs applicable to transport on agreed routes will be established in accordance with multilateral tariff agreements by which both Parties are bound.
(2) In the absence of such agreements, tariffs will be agreed between designated airlines. The tariffs thus agreed shall be subject to the approval of the air authorities of the Contracting Parties.
(3) If an agreement on the tariffs referred to in paragraphs 1 and 2 of this Article cannot be reached, it shall be negotiated between the air authorities of the Contracting Parties.
Each Contracting Party shall grant to the designated airline the other Contracting Party exemption from income taxation achieved in the course of operating flights under this Agreement.
Where charges and other compensation for the use of airports and other facilities are not provided for by multilateral agreements between the Contracting Parties, they shall be levied at rates set by the competent authorities of the Contracting Parties. In this case, the aircraft of the designated air undertaking of the other Contracting Party shall not be subject to higher rates than those of comparable aircraft of third-country airlines operating international air transport.
(1) Flight to be ordered by a designated airline of one Contracting Party in and from the territory of the other Contracting Party shall be required to be authorised by the aviation authority of that Contracting Party, irrespective of whether the flights are charter, special, special or otherwise marked.
(2) This obligation shall not apply to additional flights carried out to enhance scheduled air transport; the conduct of such flights shall only be notified to the civilian flight management authority of the relevant Contracting Party. This provision is without prejudice to trade agreements between designated airlines on the conditions for carrying out such flights.
(3) The Contracting Parties shall grant authorisations for the conduct of the flights referred to in paragraph 1, provided that this does not significantly interfere with the operation of the agreed routes. The procedure for the submission and processing of applications by an air undertaking of one Contracting Party for the authorisation of a flight to and from the territory of the other Contracting Party shall be governed by the national law of that other Contracting Party.
(1) Aircraft used in international air transport, fuel and lubricating oil, spare parts, equipment, normal on-board equipment as well as the recruitment material of a designated air undertaking of one Contracting Party and other materials used by that air carrier in the territory of the other Contracting Party solely for its own operational purposes or intended for use shall be exempt from customs duties, levies and other charges at the time they are present in the territory of the other Contracting Party.
(2) Stocks of fuel and lubricating oils, spare parts, equipment and foodstuffs on board aircraft of a designated air undertaking of one Contracting Party in connection with operations on agreed routes will also be exempted from customs duties, levies and other charges on the territory of the other Contracting Party if they are used or consumed there, except where they are disposed of.
(1) The designated aeronautical undertaking of each of the Contracting Parties shall be entitled to maintain a representative in the territory of the other Contracting Party with appropriate personnel. The Contracting Parties shall provide the representation and its staff with the necessary support.
(2) The staff referred to in paragraph 1 and members of crew of aircraft of designated airlines must be citizens of the States of the Contracting Parties. Exemptions may be agreed upon by the aviation authorities of the Contracting Parties.
(1) Each Contracting Party shall provide the aircraft of a designated air undertaking of the other Contracting Party with all assistance if such aircraft are in need in its territory.
(2) In the event of an emergency landing, an accident or other emergency occurring on the territory of one of the Contracting Parties or on a part of the open sea belonging to its Flight Information Area (FIR), that Contracting Party shall provide all necessary assistance to aircraft of the other Contracting Party in need and to their crew and passengers. It shall inform the other Contracting Party without delay of the events and measures taken, ensure that the mail, baggage and cargo is carried on board and shall transport them as quickly as possible by other means of transport to the place of destination. The Contracting Party to which assistance has been granted shall reimburse the other Contracting Party for the costs incurred in providing the assistance.
(3) In the event of an emergency landing or an accident in which an aircraft or its equipment has been significantly damaged, or in which people have died or have been injured, or other serious damage has occurred, the aviation authority of the Contracting Party in whose territory the incident took place shall without delay conduct an investigation. The Air Authority of the other Contracting Party shall have the right to send observers to participate in the investigation. The aeronautical office of the Contracting Party conducting the investigation shall transmit the report and the results of the investigation to the Air Authority of the other Contracting Party as soon as possible.
The financial settlement of claims and liabilities arising from the implementation of this Agreement shall be carried out in accordance with the payment agreements by which the Contracting Parties are bound.
(1) The aviation authorities of the Contracting Parties will cooperate closely in the implementation of this Agreement. They shall consult each other if necessary.
(2) If any issues at issue arise in the interpretation or implementation of this Agreement, they shall be dealt with by direct negotiation between the aviation authorities of the Contracting Parties and, failing that, by diplomatic means.
(3) Consultations and negotiations between the aeronautical authorities of the Contracting Parties shall begin no later than 60 days from the date on which one party received the other party's proposal for their implementation.
The Parties shall cooperate in their activities in international civil aviation organisations.
This agreement and any amendment thereto will be registered with the International. civil aviation organisations.
(1) Amendments and additions to this Agreement will be negotiated by exchange of notes between the Contracting Parties; enter into force the day after they are confirmed by exchange of diplomatic notes.
(2) Amendments and additions to the Annex, which form an integral part of this Agreement, may be negotiated between the aeronautical authorities of the Contracting Parties and applied provisionally; enter into force the day after they are confirmed by exchange of diplomatic notes.
This Agreement shall be concluded for an unlimited period. Each Party may denounce it by diplomatic channels. In that case, the agreement shall cease to be in force 12 months after the date of transmission of the notice of termination.
(1) This Agreement shall be subject to approval under the relevant national law of the Contracting Parties and shall enter into force on the date of the exchange of notes on such approval.
(2) The same day "Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Civil Aviation," concluded in Prague on 8 August 1955, expires.
Dane in Prague on 25 February 1972 in two copies, each in Czech and German languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Shutka v. r.
For the Government
German Democratic Republic:
Arndt v. r.
ANNEX
to the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of air transport
I.
(1) The airline or airlines designated by the Government of the Czechoslovak Socialist Republic have the right to operate the following routes in both directions:
Points in the Czechoslovak Socialist Republic - points in the German Democratic Republic
points in the Czechoslovak Socialist Republic - points in the German Democratic Republic - points in Denmark, Sweden, Finland.
(2) On the basis of this right, such an air undertaking or international air transport undertakings may load and land passengers, mail and cargo in the territory of the German Democratic Republic.
II.
(1) The air undertaking or airlines designated by the Government of the German Democratic Republic have the right to operate the following routes in both directions:
points in the German Democratic Republic - points in the Czechoslovak Socialist Republic
points in the German Democratic Republic - points in the Czechoslovak Socialist Republic - points in the Hungarian People's Republic, Romanian Socialist Republic, Bulgarian People's Republic.
(2) On the basis of this right, this airline can load and land passengers, mail and cargo in the territory of the Czechoslovak Socialist Republic.
III.
In addition to the rights set out in Sections I and II, designated airlines shall have the right to:
- fly across the territory of the other Contracting Party without landing
- to land for non-commercial purposes on the territory of the other Contracting Party.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 30 / 1973 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on Cooperation in the Field of Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.1973 |
|---|---|
| Effective from | 04.12.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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