Decree of the Minister for Foreign Affairs No. 37 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka on Air Services between and behind their respective territories
Valid
Effective from 27.09.1979
37
DECLARATION
Minister for Foreign Affairs
of 25 February 1980
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka on air services between and behind their respective territories
On 30 November 1977, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka on air services between and behind their respective territories was signed in Kolombo. The Agreement entered into force on 27 September 1979 pursuant to Article 19 (1) thereof.
The Czech version of the Agreement is hereby published at the same time.
First Deputy:
Ing. Book v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka on air services between and behind their respective territories
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka, being parties to the Convention on International Civil Aviation, and wishing to conclude an agreement to establish air services between and behind their respective territories, have agreed as follows:
For the purposes of this Agreement, unless otherwise specified:
(a) the term "Convention" shall mean the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944 and shall include all Annexes adopted pursuant to Article 90 of this Convention and any amendments to the Annexes or to the Convention pursuant to Articles 90 and 94;
(b) in the case of the Czechoslovak Socialist Republic, the term "Aviation Authority" shall mean the Federal Ministry of Transport and any person or body in charge of carrying out functions currently carried out by that Federal Ministry of Transport or similar functions; and, in the case of the Republic of Sri Lanka, the Ministry of Maritime Transport, Aviation and Tourism and any person or authority responsible for carrying out the functions currently carried out by that Ministry of Maritime Transport, Aviation and Tourism or similar functions;
(c) 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 for the operation of air services on the routes specified in such notification;
(d) the term "territory" in relation to a State means territorial areas and territorial waters subject to sovereignty, suzeriness, protection or protection of that State;
(e) the terms "air service," "international air service," "air undertaking" and "landing for non-commercial purposes" have the meaning set out in Article 96 of the Convention;
(f) the term "list of lines" shall mean the list of lines to and from time to time issued to this Agreement and all appeals to this Agreement shall include an appeal to the list of lines, but only the provisions of paragraph 2 of Article 16 shall apply to the modification of the list of lines; and
(g) the term "change of type of aircraft" means the operation of an air service designated by an air carrier in a way that one part of the route is operated by aircraft of different capacity from those used on the next section.
1. Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement for the purpose of establishing air services on the routes specified in the relevant part of the list of lines (hereinafter referred to as "agreed services' and" specified lines').
2. Subject to the provisions of this Agreement, the designated airlines of each Contracting Party shall enjoy the following rights when operating the agreed service on a specified route:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes; and
(c) land in that territory at the points specified for that route in the list of lines to this Agreement for the purpose of unloading and loading passengers, goods and mail in international transport.
3. The provisions of paragraph 2 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers, goods or mail in the territory of the other Contracting Party to transport to another place in the territory of that other Contracting Party for consideration or rent.
1. Each Contracting Party shall have the right to designate, by written notification to the other Contracting Party, an air undertaking to operate the agreed services on specified lines.
2. Upon receipt of the notification, the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this Article, shall, without delay, grant the designated aeronautical undertaking an appropriate operating permit.
3. The Air Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its ability to comply with the conditions laid down by the laws and regulations which it normally and appropriately applies in accordance with the provisions of the Convention in the operation of international commercial air services.
4. Each Contracting Party shall have the right to refuse the appointment of an air undertaking and to refuse or revoke the granting of the privileges set out in paragraph 2 of Article 2 of this Agreement or to impose on the air undertaking, in the exercise of those rights, such conditions as it considers necessary in any case where it is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party which designated it or to nationals of the Contracting Party designating the air undertaking.
5. As soon as the provisions of paragraphs 1 and 2 of this Article are met, an air undertaking so designated and authorised may start operating the agreed services, provided that the service is not operated until a tariff has been fixed in accordance with the provisions of Article 11 of this Agreement.
6. Each Contracting Party shall have the right to suspend the exercise of the rights set out in paragraph 2 of Article 2 of this Agreement or to impose on an air undertaking such conditions as it considers necessary for the exercise of those rights in any case where the air undertaking does not comply with the laws and regulations of the Contracting Party providing those rights or otherwise does not operate under the conditions laid down in this Agreement; where an immediate cessation of the exercise of rights or the imposition of conditions is not necessary to prevent further infringements of laws or regulations, that right shall be exercised only after consultation with the other Contracting Party.
1. Aircraft used for the operation of international services designated by the airlines of the Contracting Parties, as well as their usual equipment, spare parts, fuel and lubricating oil supplies as well as supplies (including food, beverages and tobacco) on board, shall be exempt from all customs, inspection and other charges or taxes on arrival in the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. Stocks of fuel, oils, spare parts, usual equipment and stocks of aircraft accepted in the territory of one Contracting Party by, or under the authority of, an air carrier of the other Contracting Party, or accepted on board aircraft operated by that designated air carrier and intended only for use in the operation of international services, shall be exempt from all national levies and charges, including customs and inspection charges imposed on the territory of the first Contracting Party, even if those stocks are to be used for parts of the journey conducted over the territory of the Contracting Party in which they were taken on board. The above material may be requested to be under customs control or control.
3. The normal equipment of the aircraft, spare parts, stocks of the aircraft and the stocks of fuel and oils retained on board an aircraft of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of the customs office of that Contracting Party, which may require such materials to be placed under its supervision until they are re-exported or otherwise disposed of in accordance with customs legislation.
4. Stocks of fuel, oils, spare parts, normal aircraft equipment and stocks accepted on board an aircraft of one Contracting Party and used only between two points in the territory of that Contracting Party shall be provided according to customs, inspection and other similar national or local levies and charges and the rates granted shall not be less favourable than those granted to national carriers or carriers which have the highest advantages in such flights.
Passengers, baggage and goods in direct transit through the territory of one Contracting Party and leaving the area of the airport designated for that purpose shall be subject to a very simple check. Luggage and goods in direct transit shall be exempt from customs and other similar charges.
1. The laws and regulations of one Contracting Party governing the entry into and exit from the territory of, and the passage through, the aircraft shall be binding on an air undertaking designated by the other Contracting Party.
2. The laws and regulations of one Contracting Party governing the entry into, stay in and exit from its territory of passengers, flight crew members, goods or mail, such as those concerning entry, exit, immigration and immigration, as well as customs and health rules, shall be binding on passengers, flight crew members, goods or mail carried by aircraft of a designated air undertaking of the other Contracting Party when they are located in that territory.
3. Fees imposed by one of the Contracting Parties using aerodromes and other aeronautical equipment by aircraft of a designated air undertaking of the other Contracting Parties shall not be higher than those paid by its national aircraft of a comparable type operating international services.
4. When using airports and other facilities offered by one Contracting Party, the designated airline of the other Contracting Party will not have to pay higher fees than those which must be paid by a national aircraft of a comparable type operating regular international services.
1. Airworthiness certificates, certificates of competence and authorisations issued or declared valid by one of the Contracting Parties shall be recognised as valid by the other Contracting Party during their period of validity.
2. Each Contracting Party shall, however, reserve the right, not to recognise, for flights through its own territory, the certificate of competence and authorisations granted to or declared valid for its own nationals by the other Contracting Party or by any other State.
1. For the airlines of both Contracting Parties, proper and equal opportunities will be available to operate the agreed services on specified routes between their respective territories.
2. When operating the agreed services, the air undertaking of each Contracting Party shall take into account the interests of the air undertaking of the other Contracting Party in such a way as to avoid any undue influence on the services provided by that undertaking on wholly or partly identical routes.
3. The agreed services provided by the designated airlines of the Contracting Parties will, in close relation to public transport requirements on designated routes and their priority objective, be to provide, with reasonable utilization, a capacity corresponding to the normal and reasonably expected requirements for the carriage of passengers, goods and mail from or for the territory of the Contracting Party designated by the airline. Authorisations for the carriage of passengers, goods and mail loaded and unloaded on designated lines in places which are in the territory of States other than the State designated by the airline shall be granted in accordance with the general principles according to which capacity will be in relation to:
(a) the transport requirements in and out of the territory of the Contracting Party which has designated the air undertaking;
(b) the transport requirements of an area which the airline passes through after taking into account air services operated by airlines of other States in that area; and
(c) the air traffic requirements of air undertakings.
The designated aeronautical undertaking of each Contracting Party shall be authorised to maintain in the territory of the other Contracting Party technical and commercial personnel subject to the approval of the competent authority for that territory.
The designated aeronautical undertaking of one Contracting Party may make a change to the type of aircraft at a point in the territory of the other Contracting Party only under the following conditions:
(a) that it is authorised to operate economically;
(b) that the aircraft used on a section distant from the starting point in the territory of the first Contracting Party have a lower capacity than the aircraft used on the closer section;
(c) that aircraft of smaller capacity will be operated only in conjunction with aircraft of greater capacity and thus be included in the timetable; a small aircraft shall arrive at a point of exchange for the purpose of carrying out a transport landed or loaded on an aircraft of greater capacity and shall be intended mainly for that purpose;
(d) there is an adequate volume of transit;
(e) the provisions of Article 8 of this Agreement shall be decisive for all measures taken in the context of a change in the type of aircraft.
1. Tariffs for any agreed service shall be set at an appropriate level, taking due account of all necessary factors including operating costs, reasonable profit, nature of services (such as average speed and travel arrangements) and the rates of other airlines on any part of the specified route. These tariffs shall be established in accordance with the following provisions of this Article.
2. The tariffs referred to in paragraph 1 of this Article, together with the commission rates for the agencies used in conjunction with the tariffs, shall be agreed, as far as possible, for each of the specified routes between designated airlines after consultation with other airlines operating on the whole or part of the route and an agreement shall be reached, where possible, through the procedures established by the International Air Carrier Association. The tariffs thus agreed shall be subject to the approval of the air authorities of the two Contracting Parties.
3. If the designated airline cannot agree to any of these tariffs or if, for any reason, the tariff can be agreed in accordance with paragraph 2 of this Article, the air authorities of the Contracting Parties shall endeavour to establish tariffs by mutual agreement.
4. If the air authorities cannot agree to the approval of a tariff submitted to them pursuant to paragraph 2 of this Article or to a tariff pursuant to paragraph 3, the dispute shall be settled in accordance with the provisions of Article 15 of this Agreement.
5. No tariff shall enter into force if it is not agreed by the aviation authority of any of the Contracting Parties, except in the case provided for in paragraph 3 of Article 15 of this Agreement.
6. Once the tariffs are fixed in accordance with the provisions of this Article, they shall remain in force until new tariffs are fixed in accordance with the provisions of this Article.
Each Contracting Party shall grant the designated air undertaking of the other Contracting Party the right to transfer to its headquarters the surplus of revenue over expenditure achieved within its territory. However, such transfers shall comply with the foreign exchange rules of the Contracting Party in whose territory the proceeds have been obtained.
The aeronautical authority of one of the Contracting Parties shall, at its request, supply the air authority of the other Contracting Party with such periodic or other statistical data as may reasonably be required to examine the capacity provided on the agreed routes. Such data shall include all necessary information for the determination of the volume of transport which is checked by these airlines on the agreed routes and destinations of origin and the destination of such shipments.
In order to ensure close cooperation, the aviation authorities of the Contracting Parties shall consult as necessary on all matters relating to the implementation of this Agreement.
1. Any dispute concerning the interpretation or implementation of this Agreement shall first be resolved by negotiations between the Contracting Parties.
2. Any dispute which has not been resolved pursuant to paragraph 1 of this Article shall, at the request of any Contracting Party, be submitted to a arbitration panel composed of three arbitrators. Each Party shall appoint an arbitrator within 60 days of receipt of the request for arbitration from the other Party. If a Contracting Party omits to appoint an arbitrator within the prescribed time limit, the other Contracting Party may ask the Chairman of the Council of the International Civil Aviation Organisation to appoint two additional arbitrators for the purpose of establishing the Tribunal. Where two arbitrators have been appointed by the Parties, they shall designate an arbitrator within 60 days. If the arbitrators appointed by the Parties do not agree on a third arbitrator within the specified time limit, the Parties shall jointly request the Chairman of the Council of the International Civil Aviation Organisation to appoint a third arbitrator. If one Contracting Party does not join such a request within 60 days of the date on which it was requested to do so by the other Contracting Party, that other Contracting Party may itself submit such a request to the Chairman of the Council of the International Civil Aviation Organisation, who shall then have the power to appoint a third arbitrator. The third arbitrator shall in no way be a citizen of either Party.
3. The Contracting Parties undertake to comply with a decision taken pursuant to paragraph 2 of this Article.
4. Where one of the Contracting Parties or a designated aeronautical undertaking of one of the Contracting Parties does not submit to a decision taken pursuant to paragraph 2 of this Article, the other Contracting Party may restrict, suspend or revoke any rights or authorisations granted by this Agreement to a Contracting Party that has not made a decision or to a designated aeronautical undertaking of that Contracting Party.
1. If one of the Contracting Parties considers it desirable to adapt the terms of this Agreement, it may request consultations between the air authorities of the two Contracting Parties for the proposed modification. The consultation shall begin within 60 days of the date of the request. When the authorities agree on amendments to this Agreement, the adjustments will enter into force when they are confirmed by exchange of diplomatic notes.
2. Amendments to the list of lines to this Agreement may be made provisionally from a date agreed by the aviation authorities and shall enter into force upon their confirmation by exchange of diplomatic notes.
3. If a general multilateral agreement on air transport enters into force for both Contracting Parties, that agreement shall be deemed to comply with the provisions of the Agreement.
Each Party may at any time notify the other Party of its decision to terminate this Agreement. This notification will also be sent to the International Civil Aviation Organisation. Where such notification is made, this Agreement shall expire 12 months after the date of receipt of the denunciation by the other Contracting Party, unless the denunciation is withdrawn between the Contracting Parties by mutual agreement before the expiry of that period. If the receipt of the statement is not confirmed by the other Party, the statement shall be deemed to have been received 14 days after its receipt by the International Civil Aviation Organisation.
This Agreement and any exchange of diplomatic notes in accordance with Article 16 shall be registered with the International Civil Aviation Organisation.
1. Each Contracting Party shall notify the other Party in writing of its agreement to this Agreement in accordance with its national law. This Agreement shall enter into force on the day on which the later of these written notifications are submitted.
2. This Agreement shall be provisionally implemented as from the date of its signature.
In order to prove the signed agents, duly empowered by their governments, have signed this agreement.
Done at Colombo on 30 November 1977 in duplicate in the Czech, Sinhal and English languages, all texts equally valid. In the event of any dispute in the interpretation or implementation of this Agreement, the English text shall be decisive.
For the Government of the Czechoslovak Socialist Republic:
Dr Jaromir Sedlák v. r.
For the Government of Sri Lanka:
Wimala Kannangara v. r.
LIST OF LINES
Routes of the designated airline of the Czechoslovak Socialist Republic
| Sloupec 1 | Sloupec 2 | Sloupec 3 | Sloupec 4 |
|---|---|---|---|
| Výchozí body: | Mezilehlé body: | Bod ve Srí Lance: | Body za: |
| Praha nebo Bratislava | Bod v Jugoslávii nebo Rumunsku nebo Bulharsku | Kolombo | + Kuala Lumpur |
| Athény | + Singapur | ||
| Bod na Kypru | + Jakarta | ||
| Bod v Turecku | Saigon nebo Hanoi | ||
| Beirut | Perth | ||
| Baghdad | |||
| + Teherán | |||
| + Kuwait | |||
| New Delhi | |||
| + Bombay |
+ The designated airline of the Czechoslovak Socialist Republic shall not benefit from any of the transport rights referred to in Article 2 / 2 / / c / between these points and Colombo and back.
The designated airline of the Czechoslovak Socialist Republic may, for some or all years, launch a landing at any of the above points, provided that the agreed services on this route begin at a point on the Czechoslovak territory.
The designated airline of the Czechoslovak Socialist Republic will be allowed to operate one frequency per week in each direction using IL 62 or comparable aircraft type or any wide-hull jet aircraft.
Routes of the designated airline of the Republic of Sri Lanka
| Sloupec 1 | Sloupec 2 | Sloupec 3 | Sloupec 4 |
|---|---|---|---|
| Výchozí bod: | Mezilehlé body: | Body v ČSSR: | Body za: |
| Kolombo | Bod v Indii | Praha nebo Bratislava | Frankfurt nebo Zurich |
| Bod v Pakistanu | |||
| Bod v Gulfské oblasti | Paříž | ||
| Teherán | + 3 jiné body | ||
| Řím | |||
| Bělehrad | |||
| Athény | |||
| + 3 jiné body |
+ The designated airline of the Republic of Sri Lanka shall not benefit from any of the transport rights referred to in Article 2 / 2 / / c / between these points and Prague or Bratislava and back.
The designated air undertaking of the Republic of Sri Lanka may, for some or all years, omit landing at any of the above points, provided that the agreed services on this line commence at a point in Sri Lanka's territory.
The designated airline of the Republic of Sri Lanka shall be permitted to operate one frequency per week in each direction using DC 8 or comparable aircraft type or any wide-hull jet aircraft.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 37 / 1980 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Sri Lanka on Air Services between and behind their respective territories |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.1980 |
|---|---|
| Effective from | 27.09.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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