Decree No 34 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cyprus
Valid
Effective from 30.09.1968
34
DECLARATION
Minister for Foreign Affairs
of 10 March 1969
concerning the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cyprus
On 13 November 1967, the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cyprus was signed in Nicosia.
Pursuant to Article 21 thereof, the Agreement entered into force on 30 September 1968.
The Czech translation of the Agreement is announced simultaneously.
Minister:
Ing. Marko v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Cyprus on air transport
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Cyprus, hereinafter referred to as the "Contracting Parties', which ratified the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944, hereinafter referred to as" the Convention ', and which were led by the wish to adjust commercial scheduled air transport between and beyond their territories, have agreed as follows:
1. For the implementation of this Agreement and its Annexes, those terms shall, unless otherwise specified, have the following meaning:
(a) The term "aviation authority" means, as regards the Czechoslovak Socialist Republic, the Civil Aviation Administration of the Ministry of Transport and as regards the Republic of Cyprus, the Civil Aviation Administration of the Ministry of Communications and Works, or in both cases, another authority or person responsible for carrying out the tasks currently carried out by those authorities.
(b) The term "designated air undertaking" means an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article 3 of this Agreement as an undertaking which will operate international air services on routes as provided for in paragraph 1 of Article 2 of this Agreement.
(c) The terms "territory," "air services," "international air services" and "landing for non-commercial purposes" will have meaning when applying this Agreement, as determined by Articles 2 and 96 of the Convention.
1. Each Contracting Party shall grant to the other Party the rights set out in this Agreement in order to establish regular international air services on the lines set out in the Annex to this Agreement.
These services and lines are hereinafter referred to as "agreed services' and" established lines'.
An airline designated by each Contracting Party shall enjoy the following rights when operating the agreed services on specified lines:
(a) fly without landing through the territory of the other Contracting Party;
(b) make landings in that territory for non-commercial purposes;
(c) make landings in that territory at the places specified for that route in the Annex to this Agreement for the purpose of unloading and loading in international contact with passengers, goods and mail.
2. Nothing in paragraph 1 of this Article shall be construed as conferring privileges on an air undertaking of one Contracting Party on the territory of the other Contracting Party for passengers, goods or mail carried for hire or hire and intended for another in the territory of that other Contracting Party.
1. Each Contracting Party shall have the right to designate, by written notification to the other Contracting Party, one air undertaking to operate the agreed services on specified lines.
2. Upon receipt of such notification, the other Contracting Party shall, subject to paragraphs 3 and 4 of this Article, grant to the designated air undertaking as soon as possible the relevant operating authorisation.
3. The Air Authority of one Contracting Party may require the designated air undertaking of the other Contracting Party to demonstrate that it is competent to fulfil the conditions under the laws and regulations which it normally and appropriately applies to the operation of international air services in accordance with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse to grant an operating authorisation pursuant to paragraph 2 of this Article or to impose such conditions as it may deem necessary for the use of the designated airline of the rights set out in Article 2, where that Contracting Party is not satisfied that a substantial part of the ownership and effective control of that undertaking belongs to the Contracting Party which designates the airline or its nationals.
5. When the airline has been so designated and authorised, it may at any time commence the operation of the agreed services provided that the tariff introduced in accordance with the provisions of Article 11 of this Agreement is valid for that service.
1. The designated airlines of both Contracting Parties will have a decent and equal opportunity to operate any line established in accordance with Article 2 of this Agreement.
2. When operating international air services on lines established in accordance with Article 2 of this Agreement, the designated air undertaking of one Contracting Party shall take into account the interests of the designated undertaking of the other Contracting Party in such a way that it does not unduly affect the services provided by that air undertaking on the same lines or parts thereof.
3. The primary objective of international air services on routes established pursuant to Article 2 of this Agreement shall be to provide capacity proportionate to the estimated demand for the carriage of passengers, goods and mail to and from the territory of the Contracting Party which has designated the airline. The right of each designated undertaking to carry out commercial transport between points in the territory of the other Contracting Party and places in the territory of third countries on specified lines pursuant to Article 2 of this Agreement shall be exercised in the interests of the orderly development of international air transport in such a way that capacity corresponds to:
(a) the transport demand in and out of the territory of a Contracting Party identifying the air undertaking;
(b) transport demand in the areas covered by air services, taking into account local and regional services;
(c) the requirements of the economic operation of long-distance lines.
1. The designated aeronautical undertaking of one Contracting Party shall, for the purpose of the approval of the air authority of the other Contracting Party, not later than 30 (30) days before the start of the services on lines determined in accordance with Article 2 of this Agreement, notify the types of aircraft to be used and the timetables. According to this provision, it will also be followed up in subsequent amendments.
2. The designated aeronautical undertaking of one Contracting Party shall, upon request of the Air Authority of the other Contracting Party, submit any periodic statistical data which may reasonably be required for the purposes of assessing the capacity provided on the lines set out in the Annex to this Agreement. Such data shall include the information required to determine the volume of transport in relation to the locations operated on the designated lines.
1. Each Contracting Party shall have the right to revoke or suspend the exercise of the rights set out in Article 2 of this Agreement to an air undertaking designated by the other Contracting Party, or to impose, in order to exercise those rights, such conditions as it considers necessary:
(a) where the Contracting Party is not satisfied that a substantial part of the ownership and effective control of the undertaking belongs to the Contracting Party designating the airline or its nationals; or
(b) in the event that the airline does not comply with the laws and regulations of the Contracting Party which granted those rights; or
(c) in the event that the airline does not otherwise comply with the conditions laid down in this Agreement.
2. Where the immediate revocation, suspension or imposition of the conditions referred to in paragraph 1 of this Article is not necessary in order to prevent further infringements of laws and regulations, this right shall be exercised only after consultation with the other Contracting Party.
1. Aircraft used to operate international air services designated by the airlines of the Contracting Parties, as well as their usual equipment, fuel and lubricating oil supplies, stocks on board such aircraft, including food, beverages and tobacco products, shall be exempt from customs duties, inspection fees and other charges or charges when such equipment and supplies remain on board the aircraft until they are re-exported.
2. With the exception of fees for services provided, the same fees and charges shall be further exempt from:
(a) stocks taken on board aircraft within the territory of one Contracting Party to the extent specified by the authorities of that Contracting Party and intended for use on board an aircraft operating on a specified line of the other Contracting Party;
(b) spare parts imported into the territory of one Contracting Party for the purpose of maintaining or repairing aircraft used on a specified route by a designated airline of the other Contracting Party;
(c) fuel and lubricating oil intended for the supply of aircraft used on a specified route by an air carrier of the other Contracting Party, even if these stocks will be used on a journey section through the territory of the Contracting Party in which they were taken on board.
The materials referred to in paragraphs (a), (b) and (c) above may be required to be deposited under customs control or control.
The usual aircraft equipment, as well as material and supplies on board aircraft of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of the customs authorities of that Contracting Party. In such cases, they may be placed under the supervision of those authorities until they are re-exported or otherwise disposed of in accordance with customs legislation.
Each Contracting Party shall grant, on the basis of reciprocity, an exemption from all taxes on profits or revenues from the operation of the agreed air services to the other Contracting Party's airline within its territory.
Passengers in transit through the territory of both Contracting Parties will be subject to a very simplified check. Luggage and goods in direct transit shall be exempt from customs duties and other similar charges.
1. The tariffs used by the airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be set at an appropriate level, taking due account of all relevant factors including operating costs, reasonable profit and charges of other airlines.
2. The tariffs referred to in paragraph 1 of this Article shall, as far as possible, be agreed between the designated airlines of the two Contracting Parties and, where appropriate, after consultation with other airlines operating on the whole or part of the route, and such an arrangement shall be reached where possible, through the system for establishing the tariffs of the International Air Transport Association.
3. Such agreed tariffs shall be submitted for approval to the air authorities of the Contracting Parties at least 30 (30) days before the intended date of their introduction; in specific cases, that period may be shortened if the aviation authorities so assess.
4. The air authority of one Contracting Party shall notify the air authority of the other Contracting Party directly and as soon as possible of its agreement or, where possible, of its disagreement with the proposed tariffs, at least 15 (15) days before the proposed date of introduction of those tariffs. Any disagreement will be resolved in accordance with the provisions of Article 17 of this Agreement.
5. In view of the provisions of paragraph 3 of this Article, no tariff shall enter into force if it has not been approved by the aeronautical authorities of the Contracting Parties.
6. Tariffs introduced in accordance with the provisions of this Article shall remain in force until new tariffs are introduced in accordance with the provisions of this Article.
The designated airlines of the Contracting Parties shall be entitled to maintain their own representation and technical and commercial staff in the territory of the other Contracting Party in order to carry out the agreed services.
In the spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult each other from time to time on the implementation and satisfactory implementation of the provisions of this Agreement and its Annexes.
1. If one Contracting Party considers it desirable to amend any provisions of this Agreement, it may request negotiations with the other Contracting Party. Such negotiations as may be carried out between the aviation authorities, either by direct negotiation or in writing, shall begin within 60 (60) days of the date of application. The amendments thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
2. Amendments to the Annex to the Agreement may be made by direct agreement between the air authorities of the Contracting Parties. The amendments thus agreed shall enter into force on the date on which the air authorities agree to each other and shall be confirmed by exchange of diplomatic notes.
This Agreement and its Annex shall be amended to comply with any multilateral convention which may become binding on both Parties.
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement; such notification shall be forwarded simultaneously to the International Civil Aviation Organisation. In such a case, the Agreement shall expire 12 (12) months after the date of receipt of the notification by the other Contracting Party, unless the notice of termination is withdrawn by mutual agreement before the expiry of that period. If acceptance is not confirmed by the other Party, the notification shall be deemed to have been received 14 (14) days after its adoption by the International Civil Aviation Organisation.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the aviation authorities of both Parties; If no agreement is reached between these aviation authorities, the dispute shall be settled by diplomatic means.
Benefits and other charges for the use of airports, their facilities and technical equipment in the territory of one Contracting Party shall be determined on the basis of official rates established under the laws and regulations of that Contracting Party which are applied uniformly to all foreign operators.
This Agreement, any amendments to it and any exchange of notes relating thereto shall be notified for registration by the International Civil Aviation Organisation.
This Agreement shall replace and repeal any earlier agreements concerning air services between the Contracting Parties.
This Agreement shall be applied on a provisional basis from the date of signature and shall enter into force on the date on which the two Parties notify each other that the formalities required by each Party have been fulfilled.
In two copies in Nicosia, on 13 November of the year one thousand nine hundred and sixty-seven in English.
In evidence of the undersigned, duly empowered by their governments, have signed this Agreement.
For the Government
Czechoslovak Socialist Republic:
E. M. Murín v. r.
For the Government
Republic of Cyprus:
L. Xenopoulos v. r.
ANNEX
1. The Government of the Czechoslovak Socialist Republic designates air services on the routes specified in this Annex to the Czechoslovak Airlines (ČSA).
2. Czechoslovak airlines will be entitled to operate air services on the following routes:
A. Praha - intermediate points - Nicosia and further to points in the Middle East and the Far East, in both directions
B. Praha - intermediate points - Nicosia and further to points in the Middle East and East Africa in both directions.
1. The Government of the Republic of Cyprus designates air services on the lines set out in this Annex, Cyprus Airways Ltd.
2. Cyprus Airways Ltd will be entitled to operate air services on the following routes:
A. Nicosia - intermediate points - Prague, in both directions;
B. Nicosia - intermediate points - Prague and beyond, in both directions.
Intermediate points and points behind Prague and Nicosia on the lines set out in Articles 1 and 2 of this Regulation. The Annexes shall be agreed at a later date by common agreement between the air authorities of the Contracting Parties.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 34 / 1969 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cyprus |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.1969 |
|---|---|
| Effective from | 30.09.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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