Decree No 53 / 1972 Coll.

Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg

Valid Effective from 17.03.1972
53
DECLARATION
Minister for Foreign Affairs
of 29 June 1972
on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg
The Agreement on Air Transport between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg was signed in Prague on 6 December 1968.
Pursuant to Article XV thereof, the Agreement entered into force on 17 March 1972.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.

AGREEMENT
on air transport
between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg
The Government of the Czechoslovak Socialist Republic and the Government of the Grand Duchy of Luxembourg, hereinafter referred to as the "Contracting Parties," bearing in mind,
- that the possibilities of commercial aviation as a mode of transport have increased considerably,
- that it is advisable to organise scheduled air services safely and properly and to develop international cooperation to the greatest extent possible in this field, and
- it is appropriate to conclude an agreement governing scheduled air services between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg,
appoint duly authorised representatives who have agreed on the following provisions:
1. The Contracting Parties shall grant each other the rights set out in the Annex to this Agreement for the purpose of establishing international air services between their countries as set out in the Annex.
2. Each Contracting Party shall designate one air undertaking to operate the services it may establish and decide on the date of their initiation.
1. Each Contracting Party shall grant the relevant operational authorisation to the designated aeronautical undertaking of the other Contracting Party.
2. However, this air undertaking may be invited to demonstrate, before being authorised to commence the air services set out in the Annex, that it is eligible for compliance with the conditions laid down in the laws and regulations normally applied by the aviation authorities in the issuing of an operating authorisation.
1. The laws and regulations governing the entry, stay and exit into, or use in, the territory of one Contracting Party shall apply to aircraft of an air undertaking designated by the other Contracting Party.
(2) The laws and regulations governing the entry, stay and exit of passengers, crews, mail and goods, such as immigration, passports, customs duties, foreign exchange and quarantine regulations, shall apply equally to passengers, crew, mail and goods carried by aircraft of an air undertaking designated by the other Contracting Party during their stay in that territory.
1. Aircraft used to operate international air services by an air carrier designated by one Contracting Party, as well as their usual equipment, fuel and lubricating oil stocks, on board stocks (including food, beverages and tobacco products), shall be exempt from all customs duties, inspection levies and other charges and taxes upon entry into the territory of the other Contracting Party, provided that such equipment and supplies remain on board aircraft until they are exported.
2. The same charges and taxes, with the exception of the service rendered, shall also be 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 aircraft of the other Contracting Party in the operation of international air services;
(b) spare parts imported into the territory of one Contracting Party for the purpose of maintaining or repairing aircraft used by the designated airline of the other Contracting Party for the operation of international air services;
(c) fuel and lubricating oils intended for the use of aircraft used by the designated airline of the other Contracting Party to operate international air services, even if these stocks are to be consumed on a line section above the territory of the Contracting Party where they were taken on board;
Articles referred to in paragraphs (a), (b), (c) may also be required to be kept under customs control or control.
Each Contracting Party shall ensure the free transfer of revenue generated by the airline of the other Contracting Party for the carriage of passengers, baggage, mail and goods, on the basis of the official course.
1. The tariffs applicable to the agreed services will be agreed between designated airlines at an appropriate level and taking into account the tariffs established by the International Air Carrier Association (IATA), operating costs, reasonable profit and basic characteristics of the routes operated such as speed and comfort.
2. Tariffs shall be subject to the approval of the air authorities of the Contracting Parties.
3. If no agreement can be reached on tariffs between designated airlines, the tariffs will be determined by common agreement of the air authorities.
4. If no agreement can be reached in this way, the dispute shall be settled in accordance with the provisions of Article X of this Agreement.
The designated aeronautical undertaking of each Contracting Party will be able to maintain in the territory of the other Contracting Party the technical and commercial personnel necessary for the proper performance of those services.
the transport capacity to be provided by the designated airlines of the Contracting Parties in the operation of the agreed air services shall be adapted to the transport demand and determined by common sections, by agreement between the airlines; they shall be subject to the approval of the air authorities of both Contracting Parties.
In a spirit of close cooperation, the aviation authorities of both Contracting Parties shall consult as necessary on the interpretation and satisfactory implementation of the provisions of this Agreement and its Annexes.
Any dispute concerning the interpretation or implementation of this Agreement and its Annexes shall be settled by direct negotiation between the air authorities of the two Contracting Parties or, if such negotiations do not reach agreement, by diplomatic channels.
1. This Agreement and all relevant documents shall be registered with the Council of the International Civil Aviation Organisation, established by the Convention on International Civil Aviation, signed in Chicago on 7 December 1944.
2. The Annex to this Agreement shall be deemed to be an integral part of this Agreement.
1. Each Contracting Party may at any time propose to the other Contracting Party any amendment to this Agreement or its Annexes which it considers desirable. Negotiations for such a change shall take place within 60 days of the date of submission of the request by one Contracting Party and may be conducted directly between the air authorities of the two Contracting Parties.
2. The adaptations concerning the text of the Agreement shall enter into force as soon as they are confirmed by the exchange of diplomatic notes.
3. The air authorities of both Contracting Parties may, by common agreement, negotiate an amendment to the Annex to this Agreement.
For the implementation of this Agreement and its Annexes, unless otherwise specified in the text, these terms shall have the following meaning:
1. "Aviation Authority" means, as regards the Czechoslovak Socialist Republic:
"Ministry of Transport - Civil Aviation Administration 'or any person, body or organisation responsible for carrying out the tasks currently carried out by the" Ministry of Transport - Civil Aviation Administration';
as regards the Grand Duchy of Luxembourg:
"Ministry of Transport - Civil Aviation 'or any person or organisation responsible for carrying out the tasks currently carried out by" Ministry of Transport - Civil Aviation';
2. "designated air undertaking" means an air undertaking which has been notified in writing by the aviation authority of one Contracting Party to the air authority of the other Contracting Party as an undertaking designated by that Contracting Party within the meaning of Articles I and II of this Agreement to carry out the services referred to in the same notification;
3. "territory" means the territory and airspace above it which are under the sovereignty of one Contracting Party;
4. the definitions referred to in points (a), (b) and (d) of Article 96 of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, shall also apply for the purposes of this Agreement.
Each Contracting Party may at any time notify the other Contracting Party of its wish to terminate this Agreement. The notification shall be communicated simultaneously to the Organisation for International Civil Aviation. This Agreement shall expire 12 months after the date of receipt of the notification by the other Contracting Party, unless the notification is withdrawn by mutual agreement before the expiry of that period. If the receipt of the notification is not confirmed by the Contracting Party to which it was addressed, it shall be deemed to have been accepted 14 days after it was adopted by the Organisation for International Civil Aviation.
This Agreement shall be approved in accordance with the laws in force in both Contracting Parties and shall enter into force on the date of replacement of the instrument of approval to be exchanged in Luxembourg.
The Contracting Parties agree to provisionally implement the provisions of this Agreement from the date of its signature.
To prove the signed agents, duly authorized, signed this Agreement.
Dane in Prague on 6 December 1968, in two copies, each in the Czech and French languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Štefan Murín v. r.
For the Government
Grand Duchy of Luxembourg:
Pierre Hamer v. r.

ANNEX
1. The designated airline shall have the right to cross and non-commercial landing in the territory of the other Contracting Party; it shall also be authorised to use aerodromes and additional facilities intended for international operations.
2. Furthermore, the designated airline will have the right to load and unload passengers, mail and goods in international traffic at the points specified in the list of routes, under the terms of this Agreement.
3. In addition, intermediate points and points shall be determined by common agreement between the air authorities of the Contracting Parties.

An air service which may be operated by a designated airline of the Grand Duchy of Luxembourg:
Luxembourg - intermediate points - points in Czechoslovakia - points further in both directions.

Air service which may be operated by a designated airline of the Czechoslovak Socialist Republic:
Points in Czechoslovakia - intermediate points - Luxembourg - points further in both directions.

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Regulation Information

CitationDecree of the Minister for Foreign Affairs No. 53 / 1972 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Grand Duchy of Luxembourg
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.07.1972
Effective from17.03.1972
Effective until-
Status Valid
The regulation text is for informational purposes only.
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