Decree of the Minister for Foreign Affairs No. 45 / 1962 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 Ghana on Air Services between their countries and through their territories
Valid
Effective from 14.03.1962
45
DECLARATION
Minister for Foreign Affairs
of 4 April 1962
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Ghana on Air Services between their countries and through their territories
On 2 August 1961 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Ghana on air services between their countries and through their territories was signed in Prague.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 31 January 1962. The approval by the Government of the Czechoslovak Socialist Republic was communicated by a note dated 14 March 1962 and by the Government of the Republic of Ghana a note also dated 14 March 1962.
Pursuant to Article 16 thereof, the Agreement entered into force on 14 March 1962.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Ghana on air services between their countries and through their territories
Government of the Czechoslovak Socialist Republic and Government of the Republic of Ghana
being parties to the Convention on International Civil Aviation, which was opened for signature in Chicago on 7 December 1944; and
Desiring to conclude an agreement on the establishment of air services between their countries and their territories, supplementing the abovementioned Convention,
they have agreed as follows:
For the purposes of this Agreement, unless the link requires otherwise:
(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 the Annexes adopted pursuant to Article 90 of this Convention and any additions thereto or to the Convention pursuant to Articles 90 and 94 thereof;
(b) the term "aviation authorities" means, as regards Czechoslovakia, the Ministry of Transport and Communications - the Aviation Department and any persons or authorities authorised to carry out the same or similar functions currently carried out by that Ministry; as regards Ghana, the Minister responsible for Civil Aviation and any person or authority authorised to carry out the same or similar functions currently carried out by that Minister;
(c) the term "designated air undertaking" means an air undertaking notified in writing by one Contracting Party in accordance with Article 3 of this Agreement to the other Contracting Party as an undertaking operating air services on the routes specified in this notification;
(d) the term "transition to an aircraft of other capacity" means the operation of air services by a designated airline in such a way that aircraft of different capacity is used for one section of the route from aircraft used on another section of the route;
(e) the term "territorial" means, in relation to a State, land areas and adjacent to them, coastal waters; and
(f) the terms "air transport service," "international air transport service," "air transport undertaking" and "landing for non-commercial purposes" shall have meaning as determined by Article 96 of the Convention.
(1) Each Contracting Party grants to the other Contracting Party the rights set out in this Agreement for the purpose of establishing air services on the routes set out in the relevant section of the attached List (hereinafter referred to as "agreed services" and "scheduled lines").
(2) According to the provisions of this Agreement, airlines designated by each of the Contracting Parties shall enjoy the following privileges when operating the agreed services on a specified route:
(a) fly without landing through the territory of the other Contracting Party;
(b) to land in that territory for non-commercial purposes; and
(c) land in that territory at the places specified for this route in the list of lines of this Agreement, with a view to unloading and loading passengers, cargo and mail in international transport.
(3) Nothing in paragraph 2 of this Article shall be construed as giving air transport undertakings of one Contracting Party the privilege of loading passengers, goods or mail carried for consideration or hire and intended for another place in the territory of the other Contracting Party.
(1) Each Contracting Party will have the right to designate in writing one or more air transport undertakings to operate the agreed services on specified routes to the other Contracting Party.
(2) Upon receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, issue to the designated air undertaking or undertakings without delay the relevant operating authorisation.
(3) The Aviation Authority of one Contracting Party may request that the air undertaking designated by the other Contracting Party demonstrate that it is eligible for the conditions laid down by the laws and regulations which are normally applicable to the operation of international commercial air services in accordance with the provisions of the Convention.
(4) Each Contracting Party shall have the right to refuse the designation of an air transport undertaking and to refuse or revoke the privileges granted to an air transport undertaking pursuant to the provisions of Article 2 (2) of this Agreement or to impose on it, in the exercise of those privileges, conditions which it considers necessary, unless it is satisfied that a substantial part of the ownership and actual management of that air undertaking belongs to the Contracting Party or nationals of the Contracting Party which designates the air undertaking.
(5) The air transport undertaking thus designated and authorised may start operating the agreed services at any time after the fulfilment of the provisions of paragraphs 1 and 2 of this Article, provided that the operation of the services does not take place until the agreement referred to in Article 5 (4) has been reached and the tariffs laid down for the service in accordance with Article 7 of this Agreement have entered into force.
(6) Each Contracting Party shall have the right to suspend the use of the privileges provided for in Article 2 (2) of this Agreement or to impose on it such conditions as it deems necessary in cases where that undertaking does not comply with the laws and regulations of the Contracting Party providing such privileges or otherwise does not comply with the conditions laid down in this Agreement; it is assumed that the rights to immediately withdraw the privileges or impose conditions will only be used without consulting the other Contracting Party if this is necessary to prevent further infringements of laws or regulations.
With propellants, lubricating oils, spare parts, conventional equipment and on-board supplies which will be imported or taken on board aircraft in the territory of one Contracting Party by or on behalf of the other Contracting Party, or its designated air undertaking or undertakings, and to be used exclusively by or on aircraft of such undertakings, the following shall be treated as regards customs duties, inspection fees and other similar national or local levies and charges:
(a) propellants and lubricating oils remaining on board the aircraft when landing at the last airport before departure from that territory shall be exempt from these charges;
(b) propellants and lubricating oils not covered by (a), as well as spare parts, conventional equipment and on-board supplies of aircraft shall be treated no less favourably than similar stocks imported into or taken on board aircraft in that territory and intended for the use of aircraft or aircraft of an international air transport service undertaking which benefits from the treatment of the highest advantages. Such treatment shall be provided by each Party in addition to its obligations laid down in Article 24 of the Convention and without prejudice to such obligations.
(1) Air undertakings of both Contracting Parties will be able to operate the agreed services on specified routes between the two countries.
(2) When operating the agreed services, the air transport undertakings of each of the Contracting Parties shall take account of the interests of the airlines of the other Party in such a way as not to interfere in an inappropriate manner with the services which they provide in whole or in part on the same routes.
(3) The agreed services shall be operated by the designated airlines of the Contracting Parties with the utmost regard to public transport requirements on specified routes and their priority shall be to ensure, with reasonable utilization, sufficient transport capacity to satisfy or to that territory the normal and foreseeable requirements for the carriage of passengers, goods and mail from or for the territory of the Contracting Party that has designated the airline. Passengers, goods and mail to be loaded or unloaded on designated lines, but in the territory of States other than those designated by the airline, shall be transported in accordance with the general principle that the capacity of such transport will be governed by:
(a) the transport requirements between the country of transport and the country of destination;
(b) the transport requirements in the areas in which the airlines pass, taking into account the transport services provided by the air transport undertakings of the States in that area;
(c) requirements for operations on air lines.
(4) The details of the operation of the services will be agreed before such services are started between designated airlines and approved by the aviation authorities of both Contracting Parties.
The designated air undertaking of one Contracting Party may only take over an aircraft with other capacity at a location situated in the territory of the other Contracting Party under conditions,
(a) that such a change is justified by the economy of the operation;
(b) that aircraft used on a section further away from the final station situated in the territory of the first Contracting Party have less capacity than aircraft used on a closer section;
(c) that aircraft of smaller capacity will only be used in conjunction with aircraft of greater capacity, as indicated in the timetable; the first arrives at the point where the transition will take place, in order to transfer the cargo from or to the aircraft, and its capacity will be determined as a priority with regard to that purpose;
(d) there is an adequate volume of air traffic; and
(e) the provisions of Article 5 of this Agreement shall apply to all measures relating to the transition to aircraft with other capacity.
(1) The tariffs for any air services agreed will be set at an appropriate level, taking due account of all relevant factors, including operating costs, reasonable profits, the specificities of the services (e.g. speed and level of care for passengers) and the tariffs of other air transport undertakings for any section of the route determined. 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 amount of the commission of the tariff-related representatives, will, as far as possible, be agreed for each specified route between the relevant designated airlines after consultation with other air transport undertakings operating on the whole or part of that route. If possible, such an agreement shall take place with the assistance of the system for setting tariffs of the International Air Carrier Association. The tariffs thus agreed shall be subject to the approval of the air authorities of both Contracting Parties.
(3) If designated airlines cannot agree on any of these tariffs, or if for any other reason it is not possible to reach an agreement on a tariff in accordance with the provisions of paragraph 2 of this Article, the aviation authorities of the Contracting Parties shall endeavour to establish a tariff on the basis of an agreement between themselves.
(4) If the air authorities fail to assess the approval of a tariff submitted to them pursuant to paragraph 2 of this Article or to determine any tariff pursuant to paragraph 3, the dispute shall be settled in accordance with Article 11 of this Agreement.
(5) Except in cases subject to the provisions of Article 12 (3) of this Agreement, no tariff shall enter into force unless the authorities of one of the Contracting Parties agree to it.
(6) Tariffs which have been established in accordance with the provisions of this Article shall remain in force until new tariffs have been fixed in accordance with this Article.
Each Contracting Party shall grant designated airlines of the other Contracting Party the right to transfer to its headquarters any surplus earnings in accordance with the relevant provisions of the payment agreement between the two Contracting Parties.
The designated air undertaking of one Contracting Party shall have the right, within the framework of the applicable rules of the other Contracting Party, to maintain in the territory of that other Contracting Party the technical and commercial personnel required to operate air transport services.
The aeronautical authorities of one Contracting Party shall, at their request, provide the aeronautical authorities of the other Contracting Party with such periodic or other statistical data to the extent necessary to obtain an overview of the capacity provided by the airlines for the agreed air services of that Contracting Party. This information shall include all the information necessary to establish the volume of transport that these air transport undertakings provide for the services agreed upon, as well as the locations between which such transport is provided.
The Air Authorities of the Contracting Parties shall consult regularly and frequently to ensure close cooperation on all matters relating to the implementation of this Agreement.
(1) If there is a dispute between the Contracting Parties concerning the interpretation or implementation of this Agreement, the Contracting Parties shall, in particular, seek to resolve it through mutual negotiations.
(2) If the Parties fail to reach a solution through negotiation, they may agree to refer the dispute to an arbitration panel composed of three arbitrators, each Contracting Party designating one and the two arbitrators thus appointed to a third.
(3) The Contracting Parties undertake to comply with any decision taken pursuant to paragraph 2 of this Article.
(4) If one Contracting Party or a designated aviation undertaking of one Contracting Party fails to comply with a decision reached in accordance with the provisions of paragraph 2 of this Article, the other Contracting Party may reasonably restrict, delay or revoke any rights or privileges which it has granted under this Agreement guilty of a Contracting Party to a designated aviation undertaking or undertakings of that Contracting Party or to a designated aviation undertaking which has been guilty.
(1) If one of the Contracting Parties considers it desirable to amend any provision of this Agreement, the agreed amendment shall enter into force after it has been confirmed by an exchange of notes.
(2) In the event of the conclusion of any general multilateral agreement concerning air transport to which both Contracting Parties will be bound, this Agreement shall be adapted to comply with such convention.
If either Party wishes to terminate this Agreement, it may terminate it at any time. The statement shall be communicated simultaneously to the International Civil Aviation Organisation. If termination is given, this Agreement shall expire 12 months after the date on which the other Contracting Party receives notification of termination, unless the termination is withdrawn by agreement before the expiry of that period.
If the other Contracting Party does not confirm receipt of the statement of statement, it shall be deemed to have received it 14 days after the receipt of the notification by the International Civil Aviation Organisation.
This Agreement and any exchange of notes pursuant to Article 13 shall be registered with the International Civil Aviation Organisation.
This Agreement shall be subject to approval in accordance with the relevant constitutional provisions of both Parties and shall enter into force on the date on which the notes of such approval are exchanged.
However, the Contracting Parties agree to apply the provisions of this Agreement from the date of its signature.
To prove the signed agents, if they were properly empowered by their governments, they would sign this agreement.
Dane in Prague on 2 August 1961 in duplicate, each in Czech and English, both texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic
Dr František Vlasák v. r.
For the Government of the Republic of Ghana
Krobo Edusci v. r.
Line list
A. Trats on which flights will be operated by the Czechoslovak Socialist Republic airlines
| Místa odletu Československo | Mezilehlá místa (jedno nebo více z uvedených) Curych nebo Marseille nebo Řím nebo Miláno Rabat nebo Casablanca nebo Tunis nebo Tripolis (bez poskytnutí páté svobody mezi Tripolisem a Akkrou) Bamako (bez poskytnutí páté svobody mezi Bamakem a Akkrou) nebo Konakry nebo Kano (bez poskytnutí páté svobody mezi Kano a Akkrou) nebo Lagos (bez poskytnutí páté svobody mezi Lagosem a Akkrou). | Místa v Ghaně a dále Akkra |
Line list
B. Routes on which flights will be operated by designated airlines of the Republic of Ghana
| Místa odletu Ghana | Mezilehlá místa (jedno nebo více z uvedených) Bamako, Tunis, Curych | Místa v Československu a dále Praha | Moskva (bez poskytnutí páté svobody mezi Prahou a Moskvou). |
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 45 / 1962 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Ghana on Air Services between their countries and through their territories |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.1962 |
|---|---|
| Effective from | 14.03.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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