Communication from the Ministry of Foreign Affairs No 395 / 2025 Coll.
Communication from the Ministry of Foreign Affairs on the Agreement between the Czech Republic and Japan on Air Services
Valid
International Treaty
Effective from 01.10.2025
Text versions:
10.10.2025
395
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of the Agreement between the Czech Republic and Japan on air services
The Ministry of Foreign Affairs announces that the Agreement on Air Services between the Czech Republic and Japan was signed in Tokyo on 29 February 2024.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified the Agreement.
The Agreement entered into force on 1 October 2025 pursuant to Article 22 (2) thereof.
The English version of the Agreement and its translation into the Czech language are announced simultaneously.
Minister:
z. JUDr. Smolek, Ph.D., LL.M., v. r.
Head of Legal and Consular Section
Příloha č. 1
Annex No 1
Translation of international contract into Czech language
AGREEMENT
INTERI
CZECH REPUBLIC
A
JAPAN
ON AIR SERVICES
Czech Republic and Japan, hereinafter referred to as "Contracting Parties',
led by the desire to negotiate an agreement with a view to establishing and operating air transport services between and beyond its territories; and
being parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944,
agree as follows:
Article 1
Definitions
1. For the purposes of this Agreement, unless otherwise specified in the text:
(a) "Convention" means the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944, including any Annex adopted and amended pursuant to Article 90 of this Convention and any amendment to that Convention made pursuant to Article 94 thereof, provided that such amendment has been ratified by both Contracting Parties,
(b) the term "aviation authorities" means, in the case of the Czech Republic, the Ministry of Transport and any person or authority authorised to perform any functions in civil aviation currently performed by that Ministry or similar functions, and in the case of Japan, the Minister of Land, Infrastructure, Transport and Tourism and any person or authority authorised to perform any functions in civil aviation currently performed by that Minister or similar functions;
(c) the term "designated air undertaking" means any air undertaking designated by one Contracting Party by written notification to the other Contracting Party for the operation of air transport services on the routes provided for in that notification and receiving the relevant operating authorisation from that other Contracting Party in accordance with the provisions of Article 3 of this Agreement,
(d) "territory" means the territory as defined in Article 2 of the Convention,
(e) the terms "air transport service," "international air transport service," "air undertaking" and "non-commercial landing" have the meaning laid down for them in Article 96 of the Convention,
(f) the terms "Annex I" and "Annex II" mean Annex I and Annex II to this Agreement and their amendments made in accordance with the provisions of Article 18 of this Agreement,
(g) "established line" means any of the lines set out in Annex I,
(h) "agreed service" means any air transport service operated on specified lines; and
(i) "Member State" means a Member State of the European Union.
2. Annex I and Annex II shall form an integral part of this Agreement and all references to this Agreement shall include a reference to Annex I and Annex II, unless otherwise specified.
Article 2
Rights to establish and operate agreed services
Each Contracting Party shall grant the other Party the rights set out in this Agreement, in particular to enable its designated airlines to establish and operate the agreed services.
Article 3
Establishment of agreed services
1. The agreed services on any specified line may be introduced immediately or at a later date at the choice of the Contracting Party which has been granted rights under Article 2 of this Agreement, subject to the provisions of Article 10 of this Agreement and not before:
(a) the Contracting Party which has granted the rights shall designate one or more airlines for that route; and
(b) a Contracting Party conferring rights has, in accordance with its laws and regulations, issued a relevant operating permit which, subject to the provisions of paragraph 2 of this Article and paragraphs 1 and 2 of Article 5, is obliged to provide it without delay.
2. Each of the airlines designated by any Contracting Party may be required to demonstrate its competence to fulfil the conditions laid down by the laws and regulations which it normally and appropriately applies to the operation of international air transport services.
Article 4
Air Enterprise Rights
1. Air undertakings of each Contracting Party shall enjoy the following rights as regards their international air transport services:
(a) the right to fly without landing through the territory of the other Contracting Party; and
(b) the right to land in the territory of the other Contracting Party for needs other than commercial.
2. Subject to the provisions of this Agreement, the designated airlines of each Contracting Party, when operating the agreed service on a specified route, shall enjoy the right to land in the territory of the other Contracting Party at the places specified for that route in Annex I for the purpose of unloading and loading international transport in the form of passengers, goods and mail, separately or in combination.
3. In paragraph 2 of this Article, nothing may be considered as conferring a right on the undertakings of one Contracting Party to dispose of passengers, goods or mail for consideration or hire for another in the territory of the other Contracting Party.
Article 5
Withdrawal of rights and other measures
1. Each Contracting Party shall reserve the right to refuse or revoke the rights referred to in paragraphs 1 and 2 of Article 4 of this Agreement in respect of an air undertaking designated by the other Contracting Party or to impose the conditions which it deems necessary for the exercise of its rights by an air undertaking, in any case where one of the following conditions is met:
(a) in the case of an air undertaking designated by Japan, the essential ownership and effective control of that air undertaking do not belong to Japan or to Japanese nationals; and
(b) in the case of an air undertaking designated by the Czech Republic:
(i) the airline is not established in the Czech Republic or does not have a valid operating licence issued by a Member State in accordance with European Union law,
(ii) the actual regulatory control of this air undertaking is not exercised or maintained by the Member State responsible for issuing the air carrier's certificate to that air carrier or the competent aviation authority is not clearly identified in the designation,
(iii) the majority ownership and effective control of this air undertaking is not the responsibility of the Member States or States listed in Annex II or nationals of those States,
(iv) the airline does not have its principal place of business in the territory of the Member State from which it received its operating licence;
(v) an operating permit has been granted to an airline under an agreement between another Member State and Japan on air services, and Japan can demonstrate that it would circumvent the restrictions on lines and capacity under that agreement by operating the agreed services under this agreement on a line which includes a location in that other Member State; or
(vi) the airline holds an air carrier certificate issued by a Member State and there is no air service agreement between that Member State and Japan and that Member State did not agree to operate international air transport services by the air carrier Japan between that Member State and Japan.
2. In exercising its right under paragraph 1 of this Article, and without prejudice to its rights under points (a) and (b) of paragraph 1 of this Article. (b) points (v) and (vi) of paragraph 1 of this Article, Japan shall not distinguish between airlines designated by the Czech Republic whose majority ownership and effective control is held by the Member States or States listed in Annex II or by nationals of such States on the basis of their ownership and control.
3. Each Contracting Party shall reserve the right to suspend the exercise of the rights referred to in paragraphs 1 and 2 of Article 4 by a designated air carrier of the other Contracting Party or to impose the conditions it deems necessary for the exercise of those rights by the air carrier, in any event where that air carrier fails to comply with the laws and regulations of the Contracting Party providing such rights or otherwise does not comply with the conditions laid down in this Agreement; provided that there is no need for immediate suspension or imposition of conditions to prevent further violations of such laws and regulations, or that it is not necessary to respond immediately for aviation safety or aircraft safety reasons in accordance with the provisions of paragraph 6 of Article 13 or paragraph 3 of Article 14 of this Agreement, this right shall apply only after consultation of the other Contracting Party.
Article 6
Fees for using airports and other facilities
The fees which either Party may impose or allow to be imposed on a designated airline of the other Party, using airports and other facilities under its control, shall be fair and proportionate and shall not be higher than the charges imposed on such airports and facilities by the State's most favoured-nation airlines or any airline of the first Contracting Party performing international air transport services.
Article 7
Exemption from customs and tax duties
1. Fuel, lubricating oil, spare parts, usual equipment and stocks of aircraft retained on board an aircraft performing agreed services operated by designated airlines of any Contracting Party shall be exempt from customs duties, excise duties, inspection fees and other similar charges, taxes or charges, even if they are consumed or used on parts of the journey carried out through that territory.
2. The propellant, lubricating oil, spare parts, usual equipment and supplies of aircraft taken on board aircraft of designated airlines of any Contracting Party and used in the performance of the agreed services shall be exempt from customs duties, excise duties, inspection fees and other similar charges, taxes or charges, in accordance with the provisions of this other Contracting Party.
3. Fuel, lubricating oil, spare parts, usual equipment and stocks of aircraft imported for the purposes of designated airlines of any Contracting Party and stored in the territory of the other Contracting Party under customs control for the purpose of supplying the aircraft of such designated airlines shall be exempt from customs duties, excise duties, inspection fees and other similar charges, taxes or charges, in accordance with the provisions of this other Contracting Party.
4. Nothing in this Article shall prevent any Contracting Party from imposing, on a non-discriminatory basis, taxes or other similar charges on fuel supplied in its territory for use on an aircraft performing agreed services operated by designated airlines of the other Contracting Party for a journey effected by:
(a) in the case of designated airlines of Japan, between places in the Czech Republic or between places in the Czech Republic and places in the territory of another Member State; and
(b) in the case of designated airlines of the Czech Republic, between locations on the territory of Japan.
Article 8
Good and equal opportunity
The designated airlines of both Contracting Parties have a proper and equal opportunity to operate the agreed services on specified routes between their respective territories.
Article 9
Capacity
1. The agreed services operated by the designated airlines of the Contracting Parties are closely related to public requirements for such services.
2. The agreed services operated by the designated air carrier shall have the priority objective of providing, with adequate use of the space, the capacity corresponding to the current and reasonably expected requirements for the carriage of passengers, goods and mail originating in or intended for the territory of the Contracting Party which has designated the air undertaking. The security of the transport of passengers, goods and mail, loaded and unloaded at those designated lines located in territories other than those designated by the airline, shall be carried out in accordance with the general principles that the capacity is in relation to:
(a) the transport requirements in and out of the territory of the Contracting Party which has designated the air undertaking;
(b) requirements arising from the operation of airlines; and
(c) the transport requirements of an area which the airline passes through after taking into account local and regional services.
3. The capacity to be provided by the designated airlines of the Contracting Parties for the agreed services shall be determined by the aviation authorities of the two Contracting Parties by consultation in accordance with the principles set out in Article 8 and paragraphs 1 and 2 of this Article.
Article 10
Tariffs
1. The tariffs for any agreed service are set at a reasonable level by the designated airlines of both Contracting Parties on the basis of commercial considerations, taking due account of all relevant factors, including operating costs, reasonable profit and the nature of transport services (such as speed and level of service).
2. The aeronautical authorities of each Contracting Party may require designated airlines of the Contracting Parties to provide information relating to the setting of tariffs.
3. Where the laws and regulations of any Contracting Party so require, the aviation authorities of that Contracting Party may also require the designated airlines of the Contracting Parties to submit for approval the tariffs to be charged for carriage to or from the territory of that Contracting Party in accordance with its respective procedures, provided that such submission is not required more than 30 (30) days before the proposed date of introduction of the tariffs. The air authorities of that Contracting Party shall then have the right to approve or not to approve such tariffs and to ensure, in accordance with its respective procedures, that designated airlines comply with those tariffs.
4. The air authorities of any Contracting Party may request consultations between the air authorities of the other Contracting Party if they consider that any tariff to be or to be charged by designated airlines of the Contracting Parties is contrary to the provisions of paragraph 1 of this Article. Such consultation shall take place no later than 30 (30) days after receipt of the request. The Parties shall cooperate in ensuring the information necessary for a reasonable solution to the issues in question. If agreement is reached between the air authorities of the Contracting Parties, the air authorities of each Contracting Party shall inform the designated air undertakings of that Contracting Party of the results and, if necessary, request them to submit modified tariffs. If no agreement is reached, the proposed or original tariffs are charged.
Article 11
Business activities of designated airlines
1. The designated airlines of any Contracting Party shall be entitled, in accordance with the applicable laws and regulations of the other Contracting Party, to establish and maintain their branches in the territory of the other Contracting Party and to carry out the activities necessary for the operation of the agreed services.
2. The designated airlines of any Contracting Party shall be entitled, in accordance with the relevant laws and regulations of the other Contracting Party, to bring and maintain in their branches in the territory of the other Contracting Party their own management, technical, operational and other professional personnel reasonably required to provide air transport services.
3. The designated airlines of any Contracting Party shall be entitled, in accordance with the applicable laws and regulations of the other Contracting Party, to transfer freely in convertible currencies, according to the exchange rate prevailing in the official market at the time of the transfer, the excess of revenue received by such airlines in the territory of the other Contracting Party in respect of the operation of the agreed services and to establish and maintain, for the purpose of operating such agreed services, foreign exchange accounts and convertible domestic currency in accordance with the relevant laws and regulations of the other Contracting Party.
Article 12
Provision of data and statistics
The air authorities of any Contracting Party shall, upon request, provide the air authorities of the other Contracting Party with such data and statistics relating to operations on agreed services designated by the air undertakings of the first Contracting Party in the territory and from the territory of the other Contracting Party which may be normally prepared and submitted to their national aviation authorities for publication. Any other statistical traffic data requested by the aviation authorities of one Contracting Party from the aviation authorities of the other Contracting Party shall be subject to mutual discussion on request between the aviation authorities of both Contracting Parties.
Article 13
Cooperation in preventing unlawful acts
1. The Contracting Parties reaffirm, in accordance with their rights and obligations under international law, that their mutual commitment to civil aviation security is an integral part of this Agreement. Without prejudice to their rights and obligations under international law, the Contracting Parties shall act in particular in accordance with the provisions of the Convention on criminal offences and certain other acts committed on board an aircraft, signed in Tokyo on 14 September 1963, the Convention on the Suppression of Illegal Authorisation for Aircraft, signed in the Hague on 16 December 1970, the Convention on the Suppression of Illicit Offences to Civil Aviation Security, signed in Montreal on 23 September 1971, the Protocol on the Combating of Violence at airports serving International Civil Aviation, signed in Montreal on 1 March 1991, and any other Convention or Protocol on the Protection of Civil Aviation Security, signed in Montreal on 23 September 1971, signed in Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for Detection, signed in Montreal on 1 March 1991, and any other Convention or Protocol on Civil Aviation Security of both Parties to become Parties.
2. The Contracting Parties shall, upon request, provide each other with all necessary assistance, in accordance with their respective laws and regulations, to prevent acts of unlawful authorisation of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation equipment and any other threat to civil aviation safety.
3. The Contracting Parties should act in their mutual relations in accordance with the provisions on aviation security laid down by the International Civil Aviation Organisation and referred to as the Annexes to the Convention to the extent that those security measures are in force against the Contracting Parties. Each Contracting Party should require its airlines and airport operators in its territory to act in accordance with such aviation security provisions.
4. Each Contracting Party agrees that its airlines may be required to comply with the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry, exit and residence in the territory of that other Contracting Party. Each Contracting Party shall take appropriate measures in its territory to protect aircraft and to control passengers, crews, hand baggage, hold baggage, goods and on-board supplies before and during boarding or loading. Each Contracting Party shall also, with understanding, consider any request by the other Contracting Party for adequate security measures to address a threat.
5. The Contracting Parties shall assist each other by facilitating the transmission of messages and other relevant measures aimed at the rapid and safe termination of such an act or threat if an act or threat is committed or threatened by an offence or a threat of unlawful interference with a civil aircraft or any other illegal act against the safety of such aircraft, its passengers or crew, airports or navigation equipment.
6. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the provisions of this Article, the first Contracting Party may request consultations with the other Contracting Party. Such consultation shall take place within 15 (15) days of the date of receipt of the request. Failure to reach a satisfactory agreement within 15 (15) days of the start of consultations shall justify the refusal, revocation, suspension or imposition of conditions for the operating authorisations of designated airlines of the other Contracting Party. Where an unforeseeable situation so requires, the first Contracting Party may at any time temporarily refuse, revoke, suspend or impose conditions for an operating permit in order to ensure aviation security or prevent further non-compliance with the provisions of this Article.
Article 14
Aviation safety
1. If one Contracting Party finds that the aviation safety rules or procedures maintained by the other Contracting Party in the areas relating to aeronautical equipment, crews, aircraft and aircraft operations are unlikely to comply with the international standards designated as Annexes to the Convention (hereinafter referred to as "international standards'), the first Contracting Party may request consultations with the other Contracting Party. Such consultations shall take place within 30 (30) days of the date of receipt of the request. If, after such consultations, the other Party confirms that its aviation safety rules or procedures do not comply with international standards, it shall take the necessary steps to ensure that its rules or procedures comply with international standards. The first Contracting Party may inform the Secretary-General of the International Civil Aviation Organisation if it finds that the other Contracting Party does not take the necessary steps within a reasonable time to adapt its rules or procedures to international standards.
2. The competent authorities of each Contracting Party may carry out an inspection on the territory of their State of an aircraft performing agreed services operated by designated air undertakings of the other Contracting Party, but not during the flight and without undue delay in the operation of the aircraft, in order to verify the validity of the relevant aircraft documents, of the crew and that the equipment and condition of the aircraft comply with international standards.
3. Where necessary to ensure the safety of the aircraft, each Contracting Party may immediately suspend or modify the operating permits of designated airlines of the other Contracting Party. Any such measure taken by a Contracting Party shall be lifted as soon as the reasons for which it was introduced cease to exist.
Article 15
Consultation between aviation authorities
The intention of both Contracting Parties shall be to conduct regular and frequent consultations between their aviation authorities to ensure close cooperation on all matters affecting the implementation of this Agreement, including discussions on the operational needs of the airlines of the Contracting Parties.
Article 16
Dispute settlement
1. If any dispute concerning the interpretation or implementation of this Agreement is reached between the Contracting Parties, the Contracting Parties shall, first and foremost, endeavour to resolve it by acting among themselves.
2. If the Parties fail to reach a solution to the negotiations, the dispute, at the request of any Contracting Party, may be submitted to the arbitration panel of three arbitrators, one of whom shall be appointed by each Contracting Party and the third shall be agreed by two arbitrators so selected, provided that the third arbitrator is not a national of any Contracting Party. Such third arbitrator shall act as the President of the Court. Each Party shall designate an arbitrator within 60 (60) days from the date on which one Contracting Party receives from the other Party a diplomatic note requesting arbitration proceedings, the third arbitrator being agreed within a further 60 (60) days. If either Party does not designate an arbitrator within 60 (60) days or if a third arbitrator is not agreed within that period, either Party may request the Chairman of the International Civil Aviation Organisation Council to appoint the relevant arbitrator.
3. The arbitration panel referred to in paragraph 2 of this Article shall take its decisions by a majority vote. The Parties undertake to comply with any decision of the arbitration panel.
4. Each Party shall bear the costs of its arbitrator and of its representation in arbitration proceedings. The costs of the third arbitrator and any other related costs shall be borne by both Parties equally.
Article 17
Headings
The headings of the articles of this Agreement are inserted only to facilitate references and do not affect the interpretation of this Agreement.
Article 18
Amendments
1. Any Contracting Party may at any time request consultations with the other Contracting Party to amend this Agreement. Such consultations shall begin within 60 (60) days of the date of receipt of such a request.
2. Any amendment concerning the provisions of this Agreement, with the exception of those of Annexes I and II, shall be approved by each Contracting Party in accordance with its internal procedures. This amendment shall enter into force in the manner described in paragraph 2 of Article 22 of this Agreement.
3. Any amendment concerning only Annex I or Annex II to this Agreement shall be approved in accordance with the relevant procedures of the Contracting Parties, which in the case of the Czech Republic are internal procedures of the Czech Republic and in the case of Japan internal procedures of the Government of Japan. This amendment shall enter into force in the manner described in paragraph 2 of Article 22 of this Agreement.
Article 19
Multilateral Convention
If the General Multilateral Convention on Air Transport enters into force for both Parties, this Agreement shall be amended to comply with the provisions of that Convention.
Article 20
Termination
Any Contracting Party may at any time, by diplomatic means, notify the other Contracting Party of its intention to terminate this Agreement. A copy of the notification is also sent to the International Civil Aviation Organisation. Where such notification is submitted, this Agreement shall expire one year after the date on which the notification was received by the other Contracting Party, unless, before the expiry of that period, that notification is withdrawn by agreement between the Contracting Parties. If the other Contracting Party does not confirm receipt, the notification shall be deemed to have been received 14 (14) days after receipt of the copy by the International Civil Aviation Organisation.
Article 21
Registration
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organisation.
Article 22
Entry into force
1. This Agreement shall be approved by each Contracting Party in accordance with its internal procedures.
2. Notice of such approval shall be notified by each Contracting Party to the other Contracting Party through diplomatic channels. This Agreement shall enter into force on the first day of the third month following the date of receipt of the subsequent notification.
IN WITNESS, THE undersigned, duly authorised, have signed this Agreement.
Done at Tokyo, 29 February 2024, in duplicate in English.
ZA CZECH REPUBLIC JAPONSKOJan Lipavský v. r. Yoko Kamikawa v. r. Minister for Foreign Affairs
Příloha I
Annex I
1. Lines operated in both directions by an airline or an airline of Japan:
(a) Tokyo - intermediate places - places in the Czech Republic - places behind.
(b) Places in Japan other than Tokyo - intermediate places - places in the Czech Republic - places for.
(c) Places in Japan - intermediate places - places in the Czech Republic - places behind.
Note 1: The designated aviation undertaking or aircraft undertakings of Japan shall not exercise the fifth air freedom on the line (a).
Note 2: Line (c) may only be operated by a designated airline or an airline of Japan as a marketing airline or by airlines within the framework of the route co-labelling services without exercising the traffic rights of the fifth air freedom, except for its own traffic with a stop-off.
2. Lines operated in both directions by a designated airline or airlines of the Czech Republic:
(a) Places in the Czech Republic - intermediate places - Tokyo - places behind.
(b) Places in the Czech Republic - intermediate places - places in Japan other than Tokyo - places behind.
(c) Places in the Czech Republic - intermediate places - places in Japan - places behind.
Note 1: The designated airline or airlines of the Czech Republic may not exercise the fifth air freedom rights on the line (a).
Note 2: The line (c) may only be operated by a designated airline or by an airline of the Czech Republic as a marketing airline or by airlines within the framework of a joint line marking service without exercising the transport rights of the fifth air freedom, with the exception of its own carriage with a cut-off route (trace).
3. The agreed services provided by the designated aviation undertaking or by the airlines of any Contracting Party shall start at the point in the territory of that Contracting Party, but other places on the designated route may be omitted at any time or all years at the choice of the designated air undertaking.
Příloha II
Annex II
The States referred to in paragraphs 1 and 2 of Article 5 of this Agreement shall be as follows:
IRELAND,
The Principality of Liechtenstein (pursuant to the Agreement on the European Economic Area),
The Kingdom of Norway (under the Agreement on the European Economic Area), and
The Swiss Confederation (pursuant to the Agreement on Air Transport between the European Community and the Swiss Confederation).
Příloha č. 2
Annex No 2
Text of the international contract in the relevant language
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 395 / 2025 Coll., on the negotiation of the Agreement between the Czech Republic and Japan on Air Services |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.2025 |
|---|---|
| Effective from | 01.10.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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