Decree of the Minister for Foreign Affairs No. 5 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cuba
Valid
Effective from 10.07.1961
5
DECLARATION
Minister for Foreign Affairs
of 10 January 1962
concerning the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cuba
On 4 March 1961, the Agreement on Air Transport between the Czechoslovak Socialist Republic and the Republic of Cuba was negotiated in Prague.
The Government approved the Agreement on 14 June 1961. The approval of the Agreement by the Government of the Republic of Cuba was communicated by a note of 26 June 1961 and by the Government of the Czechoslovak Socialist Republic by a note of 10 July 1961.
Pursuant to Article 14 thereof, the Agreement entered into force on 10 July 1961.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
on air transport between the Czechoslovak Socialist Republic and the Republic of Cuba
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Cuba, wishing to conclude an agreement with a view to developing mutual air transport and establishing air services between their countries and through their territories, have agreed as follows:
Each Contracting Party shall grant to the other Party the rights set out in this Agreement and its Annex for the purpose of establishing and operating air services on the lines listed in the Annex. Such services may be initiated immediately or at any later date, at the request of the Contracting Party which provides such rights.
1. Each Contracting Party shall have the right to designate an air undertaking to operate the agreed services on specified lines.
2. As soon as the other Contracting Party has been notified of the designation of an air undertaking, it shall, without delay, grant the designated air undertaking the relevant operational authorisation subject to paragraphs 3 and 4 of this Article.
3. The aviation authority of each of the Contracting Parties may require an air undertaking designated by the other Contracting Party to demonstrate to it that it is competent to fulfil the conditions laid down by the laws and regulations normally applicable in the operation of international air services.
4. Each Contracting Party shall have the right to refuse the designation of an air undertaking and to refuse or revoke an operating authorisation of an air undertaking or to impose in the authorisations such conditions as it deems necessary, unless it is satisfied that a substantial part of the ownership and actual management of the air undertaking belongs to the Contracting Party or to the members of the Contracting Party that has designated the air undertaking, or where the designated air undertaking does not comply with the laws and regulations of the Contracting Party granting the authorisation or otherwise does not comply with the conditions set out in this Agreement. This measure shall be implemented only after prior negotiations with the other Party unless it is necessary to immediately suspend the operation of the agreed services or impose conditions to prevent further infringements of laws or regulations.
1. The laws and regulations of one of the Contracting Parties relating to the entry into its territory of aircraft operating international flights, the exit from its territory or the operation of such aircraft within its territory shall apply to aircraft of an air undertaking designated by the other Contracting Party.
2. The laws and regulations of one Contracting Party relating to the entry into, or exit from, the territory of passengers, crew or cargo of aircraft, such as entry, clearance, arrival, customs duty and quarantine, shall apply to passengers, crew and cargo of aircraft of an air undertaking designated by the other Contracting Party when entering or leaving the territory of the first Contracting Party and during their stay in that territory.
1. Aircraft of an air undertaking designated by one of the Contracting Parties and used for the operation of international air services, as well as fuel, lubricating oil, normal aircraft equipment, spare parts and on-board supplies of aircraft shall be exempt from customs duties and inspection fees when entering or leaving the territory of the other Contracting Party, even if such articles are used or consumed by such aircraft or in such aircraft during flight over that territory.
2. Fuel, lubricating oil, normal equipment of aircraft, spare parts and on-board supplies of aircraft to be imported or taken on board by aircraft on the territory of one of the Contracting Parties by an air undertaking designated by or on behalf of the other Contracting Party and to be used for aircraft of that Contracting Party shall, in respect of customs duties, inspection fees or similar national or local levies and charges, be subject to no less favourable treatment than that accorded to the most favoured State by the air undertaking.
3. Fuel, lubricating oil, normal aircraft equipment, spare parts and on-board supplies of aircraft intended for use in the operation of the agreed services may be stored by designated airlines at airports of the other Contracting Party.
4. Goods exempt from the fees referred to in paragraph 1 may not be unloaded from aircraft without the agreement of the customs authorities of the relevant Contracting Party. If they cannot be used or cannot be consumed, they must be re-exported at the specified time and remain available to the designated airline until the time of export, but under the supervision of the customs authorities.
1. Each Contracting Party shall, on its territory, grant to the air undertaking designated by the other Contracting Party on the basis of reciprocity an exemption from all taxes on profits or income resulting from the operation of the agreed air services.
2. Each Contracting Party may impose or authorise the imposition of appropriate and proportionate charges for the use of airports and other facilities, provided that such benefits are not higher than those paid by other airlines operating similar international air services.
An air undertaking designated by one of the Contracting Parties shall be entitled to maintain on the territory of the other Contracting Party air and commercial personnel in a number which is proportionate to the scope of the air services performed.
The transport capacity provided by each designated airline for the operation of the agreed air services shall be adapted to the transport demand; as regards the common sections of lines, the transport capacity shall be agreed between the designated airlines and shall be subject to approval by the air authorities of the two Contracting Parties.
1. Tariffs for any of the agreed services will be agreed between designated airlines at an appropriate level, taking into account all relevant facts including operating costs, significant service features and charges of other airlines.
2. Tariffs shall be subject to the approval of the air authorities of both Contracting Parties; If designated airlines are unable to reach an agreement on tariffs, these tariffs shall be agreed between the aviation authorities; If they do not reach an agreement even in this way, the conflict shall be resolved in accordance with Article 10 of this Agreement.
The air authorities of the Contracting Parties shall be in direct contact as appropriate and shall consult each other to ensure close cooperation on all matters related to the implementation of this Agreement and its Annexes.
If any dispute arises between the Contracting Parties regarding the interpretation or implementation of this Agreement and its Annexes, the Contracting Parties shall resolve it by direct negotiation between the aviation authorities or, failing such agreement, by diplomatic means.
1. Each Contracting Party may at any time propose to the other Contracting Party amendments to this Agreement or its Annexes which it considers desirable. Negotiations between the Parties on such changes shall be initiated within 60 days of the date of the submission of the amendment proposal by one of the Contracting Parties and may be conducted directly between the aviation authorities of the two Contracting Parties.
2. Amendments to the Annex to the Agreement may be made by agreement between the aviation authorities of the two Contracting Parties. Amendments to the Agreement shall enter into force as soon as they are confirmed by exchange of diplomatic notes between the Parties.
For the implementation of this Agreement and its Annexes
1. the term "aviation authorities" will mean:
- as regards the Czechoslovak Socialist Republic, the Ministry of Transport and Communications - the Aviation Department or any authority responsible for carrying out the tasks assigned to it at the time of signature of this Agreement;
- as regards the Republic of Cuba, the Ministry of Transport - the Civil Aviation Directorate or any authority responsible for carrying out the tasks assigned to it at the time of signature of this Agreement;
2. the terms "agreed services" and "en route units" shall mean international air services and lines listed in the Annex to this Agreement;
3. the term "designated airline" shall mean an airline which has been notified in writing by one of the Contracting Parties to the other Contracting Party as an undertaking which will operate any of the agreed services.
Each Contracting Party may at any time notify the other Contracting Party in writing of its intention to terminate this Agreement. If such notification is made, the Agreement shall remain in force 12 months after the other Contracting Party has received it.
This Agreement shall enter into force on the date on which the Contracting Parties notify each other in writing that they have been approved by their competent authorities.
However, the Parties agree that the provisions of this Agreement shall apply from the date of its signature.
To prove that the signed agents were duly empowered by their governments to sign this Agreement.
Dane in Prague on 4 March 1961 in duplicate, each in the Czech and Spanish languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic
Hair Inc.
For the Government
Republic of Cuba
Camacho Aguilera v. r.
ANNEX
1. The Government of the Czechoslovak Socialist Republic shall, on the basis of reciprocity, grant permission to the air undertaking designated by the Government of the Republic of Cuba to operate the following international air services:
Havana, Cuba - intermediate places - Prague, Czechoslovakia and beyond, and back the same way.
2. This operating permit shall include:
(a) the right to fly without landing or with technical landing;
(b) commercial rights, i.e.:
- the right to dispose of passengers, goods and mail intended for Cuba or other countries in Czechoslovakia;
- the right to land passengers, goods and mail from Cuba or other countries in Czechoslovakia.
3. The intermediate points and places beyond Prague will be determined by the aviation authorities of the two Contracting Parties prior to commencing flights to the designated air undertaking without prejudice to the provisions of paragraph 4 of Section I of this Annex.
4. The designated airline will be able to permanently or in individual years omit landing at any intermediate location designated by the aviation authorities of both Contracting Parties.
1. The Government of the Republic of Cuba shall, on the basis of reciprocity, grant permission to the air undertaking designated by the Government of the Czechoslovak Socialist Republic to operate the following international air services:
Prague, Czechoslovakia - intermediate places - Havana, Cuba and beyond, and back the same way.
2. This operating permit shall include:
(a) the right to fly without landing or with technical landing;
(b) commercial rights, i.e.:
- the right to dispose of passengers, goods and mail intended for Czechoslovakia or other countries in Cuba;
- the right to land passengers, goods and mail in Cuba from the territory of Czechoslovakia or other countries.
3. The intermediate points and places beyond Havana shall be designated by the aviation authorities of the two Contracting Parties before commencing flights to the designated air undertaking without prejudice to the provisions of paragraph 4 of Section II of this Annex.
4. The designated airline will be able to permanently or in individual years omit landing at any intermediate location designated by the aviation authorities of both Contracting Parties.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 5 / 1962 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Cuba |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.01.1962 |
|---|---|
| Effective from | 10.07.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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