Decree of the Minister for Foreign Affairs No. 60 / 1960 Coll.
Decree on the Agreement between the Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on Air Transport Services between their countries and through their territories
Valid
Effective from 15.01.1960
60
DECLARATION
Minister for Foreign Affairs
of 19 April 1960
on the Agreement between the Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on air transport services between and through their countries
On 15 January 1960, the Agreement between the Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on air transport services between their countries and their territories was signed in Prague.
Pursuant to Article 16 of the Agreement, the Agreement entered into force on the date of signature, i.e. 15 January 1960.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on air transport services between their countries and through their territories
Government of the Czechoslovak Republic and Government of the United Kingdom of Great Britain and Northern Ireland
being Contracting Parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944,
Desiring to conclude an agreement supplementing that Convention with a view to establishing air transport services between their countries and through their territories,
agree on the following:
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 all the Appendices to Annexes or to the Convention referred to in Articles 90 and 94 thereof;
(b) the term "aviation authorities" shall mean, as regards the Czechoslovak Republic, the Ministry of Transport - the Aviation Department and any person or body authorised to perform any functions currently performed by the said Ministry of Transport - the Aviation Department or similar functions and, as regards the United Kingdom, the Minister of Aviation and any person or body authorised to perform any functions currently performed by the Minister or similar functions;
(c) the term "designated air transport undertaking" shall refer to an air transport undertaking which will be designated by means of a written notification from one Contracting Party to the other Contracting Party pursuant to Article 3 of this Agreement to operate air transport services on the routes specified in this notice;
(d) the term "territory" means, where this is understood to mean a State, land areas and adjacent to them, coastal waters under the sovereignty, suzeriness, protection or defence of that State;
(e) the terms "air transport service," "international air transport service," "air transport undertaking" and "landing for non-commercial purposes" shall have the meaning set out in Article 96 of the Convention.
1. Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement for the purpose of establishing air transport services on the lines set out in the relevant section of the attached List of Lines (hereinafter referred to as "agreed services' and" specified lines').
2. In accordance with the provisions of this Agreement, air transport undertakings designated by each of the Parties shall enjoy the following privileges when operating the agreed service on a specified route:
(a) conduct air flights over the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes; and
(c) land in that territory at the places specified for the relevant line in the List of Lines of this Agreement for the purpose of unloading and loading in international passenger, freight and mail transport.
3. Nothing in paragraph 2 of this Article shall be construed as giving air transport undertakings of one Contracting Party the privilege to load passengers, goods or mail, transported for consideration or rent, to another place in the territory of the other Contracting Party.
1. Each Contracting Party shall have the right to indicate in writing to the other Party one or more air transport undertakings which will operate the agreed services on specified routes.
2. Upon receipt of this marking, the other Contracting Party shall immediately issue the necessary operational authorisations to the air transport undertaking or air transport undertakings so designated in accordance with paragraphs 3 and 4 of this Article.
3. The air authorities of one Contracting Party may require an air transport undertaking designated by the other Contracting Party to demonstrate to them that it is in a position to fulfil the conditions laid down by the laws and regulations normally and appropriately applied by those air services in accordance with the provisions of the Convention on the operation of international commercial air services.
4. Each Contracting Party shall have the right to refuse the provisions of an air transport undertaking and to withdraw or withdraw the privileges referred to in paragraph 2 of Article 2 of this Agreement from the air transport undertaking or to subject the use of such privileges to such conditions as it considers necessary if it is not satisfied that a substantial part of the ownership and effective control of that undertaking belongs to the Contracting Party which provides for the air transport undertaking or its nationals; in so doing it is assumed that this right will only be used after prior negotiations with the other Contracting Party.
5. An air transport undertaking so 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 service does not take place until the rates set for that service are in force in accordance with Article 7 of this Agreement.
6. Each Contracting Party shall have the right to suspend the use of the privileges referred to in paragraph 2 of Article 2 of this Agreement or to subject the use of such privileges to the terms and conditions which it considers necessary in all cases where an air transport undertaking does not comply with the laws or regulations of the Contracting Party which provides such privileges or otherwise fails to comply with the conditions laid down in this Agreement; in so doing, it is assumed that this right will be used only after prior negotiations with the other Contracting Party, unless an immediate suspension or imposition of the conditions is necessary to prevent further infringements of laws and regulations.
(1) The laws and regulations of one Contracting Party applicable in its territory to the arrival and departure of aircraft used in international aviation or to the operation and flight of such aircraft within its territory shall apply to aircraft of an air transport undertaking of the other Contracting Party.
2. The laws and regulations of one Contracting Party relating to the arrival and departure of passengers, crew or cargo of aircraft on or from its territory (for example, regulations concerning entry, exit, immigration, passports, customs and quarantine) shall apply to passengers, crew and goods of aircraft of designated air transport undertakings of the other Contracting Party on arrival and departure or residence in the territory of the first Contracting Party.
1. With regard to fuels, 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 the other Contracting Party or by an undertaking or undertakings designated or under their authority and which are intended exclusively for the use of aircraft of such undertakings, the first Party shall proceed with customs duties, control fees or other similar taxes or local charges as follows:
(a) the fuel and lubricating oils remaining on board the aircraft at the airport at which they will land for the last time before leaving that territory are free of charge;
(b) fuel and lubricating oils not covered by point (a) and spare parts, normal aviation equipment and on-board supplies shall be handled no less favourably than those imported into or taken on board the aircraft and intended for the use of aircraft of the first Contracting Party's national air transport undertaking or foreign air transport undertaking, performing international air transport services and enjoying the highest advantages.
2. The procedure laid down in paragraph 1 of this Article shall be complied with in addition and without prejudice to any obligations which each Party is required to make under Article 24 of the Convention.
3. The fuels, lubricating oils, spare parts, usual equipment and on-board supplies used in the operation of the agreed services may be stored at airports used by designated air transport undertakings.
4. Stocks exempt from the fees referred to in paragraph 1 of this Article may not be unloaded from the aircraft without the agreement of the customs authorities of the relevant Contracting Party. If these items cannot be used or consumed, they must be re-exported within the prescribed period. Until re-exported, they shall remain available to the designated air transport undertaking, but under the supervision of the customs authorities.
1. Air transport undertakings of both Contracting Parties will have a fair and equal opportunity to operate the agreed services on specified routes between their countries.
2. When operating the agreed services, the air transport undertakings of each of the Contracting Parties shall take into account the interests of the air transport undertakings of the other Contracting Party so as not to interfere in an inappropriate manner with the services provided by those air transport undertakings on the same routes, whether in whole or in part.
3. The agreed services provided by the designated air transport undertakings of the Contracting Parties shall be in close compliance with public requirements, imposed on scheduled services and their priority objective, in order to provide, with reasonable utilization, such capacity as would satisfy normal and reasonably foreseeable requirements for the carriage of passengers, goods and mail from or intended for the territory of the Contracting Party which has established an air transport undertaking. The arrangements for the transport of passengers, goods and mail, both loaded and unloaded at landing points on scheduled lines in the territory of States other than those established by the air transport undertaking, shall be implemented in accordance with the general principles according to which capacity is to be consistent with:
(a) the transport requirements to and from the territory of a Contracting Party established by an air transport undertaking;
(b) transport requirements in an area to which an air transport undertaking passes after taking into account other transport services introduced by air transport undertakings of States covered by that area; and
(c) with the requirements of operations on air traffic services.
1. Rates for all agreed services will be set at an appropriate level, taking due account of all relevant factors including operating costs, reasonable profit, service characteristics (e.g. speed and level of care for passengers) and the rates of other air transport undertakings for any section of the specified route. These rates shall be determined in accordance with the following provisions of this Article.
2. The rates referred to in paragraph 1 of this Article, together with the commission of agents linked to the rates, shall, as far as possible, be agreed between the relevant scheduled air transport undertakings for each scheduled route, after consultation with other air transport undertakings operating on this whole or part of the route. Where possible, such an agreement shall be implemented through the system for setting the rates of the International Air Carrier Association. The rates thus agreed shall be subject to approval by the aviation authorities of the two Contracting Parties.
3. If the designated air transport undertakings cannot agree on any of these rates, or if for any other reason no agreement on the rate is reached in accordance with the provisions of paragraph 2 of this Article, they shall seek an agreement to determine the rate by the air authorities of the Contracting Parties.
4. If the aviation authorities fail to agree on any rate submitted to them pursuant to paragraph 2 of this Article or to determine any rate pursuant to paragraph 3, the dispute shall be settled in accordance with the provisions of Article 12 of this Agreement.
5. The rate to which the aviation authorities of any Contracting Party disagree shall enter into force only in accordance with the provisions of paragraph 3 of Article 12 of this Agreement.
6. Rates determined in accordance with the provisions of this Article shall remain in force until new rates are introduced in accordance with the provisions of this Article.
1. The designated UK air transport companies will be able to transfer all surplus earnings to their headquarters in sterling pounds according to the official rate applicable on the day of payment.
2. The designated air transport companies of the Czechoslovak Republic will be able to transfer all surplus earnings to their headquarters in sterling pounds.
3. These surpluses can be freely transferred and will not be subject to any taxation or other restriction.
4. Passengers will be able to choose between the use of aircraft of the transport undertaking Czechoslovakia or the United Kingdom when purchasing tickets in the Czechoslovak Republic or the United Kingdom; This principle will also apply to goods.
The designated air transport undertakings of one Contracting Party shall have the right to maintain in the territory of the other Contracting Party the technical and commercial personnel required to operate the agreed services. Such persons shall have the freedom to negotiate appropriate to the performance of their normal duties.
The air authorities of either Contracting Party shall, at their request, provide the air authorities of the other Contracting Party with periodic or other statistical data to the extent necessary to obtain an overview of the capacity provided in the operation of the agreed services by the air transport undertakings of the first Contracting Party. The data will include all the information necessary for such an overview.
The air authorities of the Contracting Parties shall be in direct contact as appropriate and shall consult each other in the interests of 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, endeavour to resolve it through negotiations.
2. If the Parties fail to reach a solution by negotiation, the dispute may be brought to the decision of the Tribunal, composed of three arbitrators, at the request of either Party, each Party designating one and the two arbitrators so appointed shall set a third. Each Contracting Party shall appoint an arbitrator within 60 days of receipt by the other Contracting Party of a diplomatic note requesting arbitration and a third arbitrator shall be appointed within a further 60 days. If either of the two Parties does not appoint an arbitrator at the specified time, or if a third arbitrator is not designated at the specified time, either Party may request the Chair of the International Civil Aviation Organisation Council to appoint an arbitrator or several arbitrators as appropriate.
3. The Contracting Parties undertake to comply with all decisions referred to in paragraph 2 of this Article.
1. If one of the Contracting Parties considers it desirable to amend any of the provisions of this Agreement, this amendment shall become effective if the Contracting Parties so agree, in exchange for a statement of its approval.
2. In the event of the conclusion of any general multilateral air transport convention binding on both Contracting Parties, this Agreement shall be amended in accordance with the provisions of that Convention, in agreement between the Contracting Parties.
Each Party may at any time notify the other Party of its denunciation if it intends to terminate this Agreement. This notice of termination shall also be communicated to the International Civil Aviation Organisation. If such termination is given, this Agreement shall cease to apply for 12 months from the date on which the other Contracting Party receives notification of termination, unless the termination by agreement is terminated before the expiry of that period. If the other Contracting Party does not confirm receipt of the statement of denunciation, it shall be deemed to have received it 14 days after receipt of the statement of denunciation 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 take effect on the date of signature.
To prove it, the representatives, duly authorised by their respective governments, have signed this Agreement.
Dane in Prague, on 15 January 1960 in duplicate in Czech and English, both texts being equally authentic.
For the Government
Czech Republic
Karel Štekl v. r.
For the Government
United Kingdom of Great Britain and Northern Ireland
Paul Grey v. r.
Line list:
Lines on which flights will be operated by an air transport undertaking or UK undertakings (both directions)
London - Prague
Lines on which flights will be operated by an air transport undertaking or companies of the Czechoslovak Republic (both directions)
Prague - London
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 60 / 1960 Coll., on the Agreement between the Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on Air Transport Services between their countries and through their territories |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.1960 |
|---|---|
| Effective from | 15.01.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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