Decree of the Minister for Foreign Affairs No. 60 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport
Valid
Effective from 28.02.1969
60
DECLARATION
Minister for Foreign Affairs
of 10 March 1969
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States on Air Transport
The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport was signed in Prague on 28 February 1969.
Pursuant to its Article XVII, the Agreement entered into force on 28 February 1969.
The Czech version of the Agreement shall be published simultaneously.
Minister:
Ing. Marko v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport
Government of the Czechoslovak Socialist Republic and Government of the United States of America
Wishing to conclude an agreement to develop relations in air transport between the Czechoslovak Socialist Republic and the United States of America
agree as follows:
Each Contracting Party shall grant to the other Contracting Party the following rights necessary for the operation of air services by the other Contracting Party's airlines:
the right of passage, the right to land for non-commercial purposes, the right to load and land in international traffic, either separately or in combination with passengers, goods and mail, at places within their territory as specified in the relevant section of the List of Lines of this Agreement.
The air undertaking or airlines of one Contracting Party may commence the en route air service provided for in the List of Lines of this Agreement at any time after that Contracting Party has designated the air undertaking or airlines for that route and the competent authorities of the other Contracting Party have issued the necessary authorisation.
Subject to the provisions of Article III of this Agreement, those authorities shall issue that authorisation as soon as possible.
(1) Each Contracting Party shall have the right to refuse the issue of an operating authorisation to an air transport undertaking or to undertakings designated by the other Contracting Party, to revoke or to lay down conditions therein, in the following circumstances:
(a) in the event that such an air undertaking does not demonstrate its competence to the air authorities of the above Contracting Party under the laws and regulations which those authorities normally apply to the operation of international air services;
(b) in the event that the airline does not comply with the laws and regulations referred to in Article IV of this Agreement; or
(c) in any case where the air authorities of a Contracting Party are not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party which designates the air undertaking or to its nationals or, in the case of a consortium of airlines, to the Government or to the nationals of the States whose airlines form that consortium; as regards the consortium, the reservation that there are valid air transport agreements applicable to the air service concerned between the Contracting Party from which the operating authorisation is required and each State whose air undertakings form a consortium shall apply.
(2) Where immediate action is not necessary to refuse or withdraw an operating permit to prevent further infringements of the laws and regulations referred to in Article IV of this Agreement, the right to refuse or revoke an authorisation under this Article shall be used only after consultation with the competent authorities of the other Contracting Party.
(1) The laws and regulations of one Contracting Party applicable in its territory to the arrival and departure of aircraft used in international flight or to the operation and flight of such aircraft over its territory shall apply to aircraft of an air undertaking or of an air undertaking designated by the other Contracting Party and shall be observed on arrival or departure of such aircraft or their operations in the territory of the first Contracting Party.
(2) The laws and regulations of one Contracting Party relating to the entry into, or exit from, its territory of passengers, crews or cargo of aircraft, including entry, handling, immigration, travel documents, customs duties and quarantine, must be complied with when entering, leaving and staying in the territory of that Contracting Party as regards passengers, crew or cargo of aircraft of an air undertaking or of airlines of the other Contracting Party.
The certificates of airworthiness to fly, diplomas and aviation licences issued or recognised as valid by one Contracting Party shall, unless they cease to be valid, be the latter for the purpose of operating lines and services under this Agreement, subject to the condition that the conditions under which such certificates, diplomas or certificates have been issued or recognised as valid are equal to or more stringent than the minimum conditions which may be established under the Convention. However, each Contracting Party reserves the right not to recognise as valid diplomas and air licences issued to its own nationals by the other Contracting Party for flights over its territory.
Each Contracting Party may impose or allow reasonable and reasonable charges for the use of aerodromes and other facilities under its control. These charges will not be higher than those paid by domestic aircraft operating similar international services.
(1) Each Contracting Party shall exempt designated airlines of the other Contracting Party on the basis of reciprocity and to the greatest extent permissible under its laws and regulations from import restrictions, duties, taxes, inspection fees and other national levies and charges in respect of fuel, lubricating oil, consumable technical supplies, spare parts including engines, usual equipment, land equipment, supplies and other material to be used exclusively in connection with the operation or operation of aircraft of airlines of the other Contracting Party in the international air transport service.
(2) The exemption granted under this Article applies to:
(a) imported into the territory of one Contracting Party by the air undertakings of the other Contracting Party;
(b) retained on board aircraft of designated airlines of one Contracting Party when arriving in and leaving the territory of the other Contracting Party;
(c) taken on board aircraft of designated airlines of one Contracting Party in the territory of the other Contracting Party to be used in the operation of an international air transport service, whether or not the material is partly or wholly consumed in flight in the territory of the Contracting Party which has granted the exemption.
(3) Cases benefiting from the exemption provided for in paragraph 2 (a) may be used for purposes other than those referred to in paragraph 1, with the agreement of the competent customs authorities and upon payment of all customs duties, if required.
(1) Air undertakings of both Contracting Parties will have a decent and equal opportunity to operate any line under this Agreement.
(2) When operating the air services provided for in this Agreement, the airlines of each Contracting Party shall take into account the interests of the airlines of the other Contracting Party so as not to interfere in an inappropriate manner with the services provided by those airlines on the same lines or parts of lines.
(3) Air services which airlines provide to the public when operating under this Agreement will be closely dependent on public demand for such services.
(4) The priority objective of the services of the designated air undertaking under this Agreement shall be to provide the capacity of adequate transport demand between the country to which the air undertaking belongs and the countries of final destination. The right to load or land on such routes and at the place (s) of the routes provided for in this Agreement, international transport to or from third countries shall be carried out in accordance with the general principles of orderly development shared by both Parties and shall be subject to the general principle that capacity is to respond to:
(a) the transport demand between the country of origin and the countries of final destination of the shipment;
(b) the requirements for the operation of long-distance lines;
(c) transport demand in the area covered by the air route, taking into account local and regional services.
(5) No Contracting Party shall restrict the air undertaking or airlines of the other Contracting Party as regards the capacity, frequency, flight schedules or type of aircraft used in the operation of any line specified in the List of Lines of this Agreement. In the event that one Contracting Party considers that the operation of an air undertaking of the other Contracting Party does not take place in accordance with the provisions and regulations referred to in paragraphs 1, 2, 3 or 4 of this Article, it may request, in accordance with Article XI of this Agreement, that negotiations be conducted in order to assess that operation and to decide whether it complies with those provisions and principles.
(1) All tariffs used by an airline of one Contracting Party for transport to or from points within the territory of the other Contracting Party will be set at a reasonable level, taking due account of all relevant factors such as operating costs, reasonable profit and rates of each other and the specific features of each service. Such tariffs shall be subject to the approval of the air authorities of the Contracting Parties, which shall act in accordance with the obligations arising from this Agreement and within the limits of their powers.
(2) Any tariff which an air undertaking of a Contracting Party intends to introduce for carriage to or from the territory of the other Contracting Party shall be declared by that undertaking, if required, to the air authorities of the other Contracting Party at least 30 (30) days before the intended date of introduction of the tariff, unless the Contracting Party to which the declaration is to be made allows a shorter period for notification. The air authorities of each Contracting Party shall endeavour to ensure that the required and selected tariffs are in accordance with the tariffs declared by both Contracting Parties and no carrier has reduced the tariff in any way, directly or indirectly.
(3) Both Contracting Parties recognise that, in the period for which the air authorities of any Contracting Party would approve the results of the negotiations of the International Air Transport Conference or of any other association of international air carriers, the tariff agreements reached at that meeting concerning airlines of the Contracting Party shall be subject to the approval of the air authorities of that Contracting Party.
(4) Where a Contracting Party which has been notified of a tariff pursuant to paragraph 2 of this Article is not satisfied with the proposed tariff, it shall notify the other Contracting Party at least 15 (15) days before the date on which such tariff would otherwise have been introduced and the aviation authorities of both Contracting Parties shall endeavour to reach an agreement on the appropriate tariff.
(5) Where a Contracting Party assesses an existing tariff levied by an air undertaking of the other Contracting Party for carriage to or from its territory and is not satisfied with the tariff, it shall notify the other Contracting Party and the air authorities of both Contracting Parties shall endeavour to reach an agreement on the appropriate tariff.
(6) Where an agreement is reached pursuant to paragraphs 4 or 5 of this Article, the Contracting Parties shall endeavour to establish a tariff.
(7)
(a) if, under the conditions laid down in paragraph 4, no agreement is reached before the date on which the tariff would otherwise have been introduced; or
(b) if, under the conditions laid down in paragraph 5, no agreement is reached before 60 (60) days after the date of notification of the tariff;
a Contracting Party applying a tariff objection may take the measures it considers necessary to prevent the initiation or continuation of the operation of the line on which the tariff is to be used, but subject to the requirement that the objector does not require the levying of a tariff higher than the lowest tariff levied by its own airline or by the airlines when operating a comparable service between the same two points.
(8) If, in any case pursuant to paragraphs 4 and 5 of this Article, the air authorities of both Contracting Parties cannot agree, within a reasonable period of time after consultation of a complaint from one Contracting Party, on the proposed or existing fare of the air undertaking or airlines of the other Contracting Party on an appropriate tariff, the relevant provisions of Article XII of this Agreement shall apply at the request of either Party. The arbitration panel shall, in its decision or opinion, follow the principles contained in this Article.
Under the conditions of a further arrangement contained in the exchanged letters annexed to this Agreement, the business activities and business opportunities of the designated airlines of each Contracting Party shall be governed by the following provisions:
(a) Each designated aviation undertaking shall be authorised to carry out the sale of air transport to the territory of the other Contracting Party either directly or, at its discretion, through approved representatives. Each airline will be entitled to sell this shipment and anyone will be able to buy it for the currency of the territory or for the freely convertible currency of other countries.
(b) Each tariff expressed in the national currency of one Contracting Party shall be set at an amount corresponding to the actual exchange rate (including all exchange or other charges) in which the airlines of both Parties may change and transfer revenue from the transport activity to the national currency of the other Party.
(c) Each designated airline shall be entitled to amend and transfer to its country after deduction of local costs of surplus earnings resulting from sales to the territory of the other Contracting Party. The exchange and transfer of such surplus earnings will be carried out at the official exchange rate applicable to sales of transport at the time when the amounts are presented for exchange and transfer. The earnings transferred will be exempt from taxation or other restrictions and exchanges and transfers will be authorised without delay.
Each Contracting Party may at any time request negotiations with the competent authorities of the other Contracting Party on questions relating to the interpretation, implementation or amendment of this Agreement. Such negotiations shall begin within 60 (60) days from the date on which the other Contracting Party receives the request unless otherwise agreed by the Contracting Parties.
(1) If any discrepancy arises between the Contracting Parties concerning matters covered by this Agreement or any amendment thereto, the Contracting Parties shall endeavour to resolve it first by acting in accordance with Article XI. Any conflict which is not satisfactorily resolved by these negotiations shall be submitted to arbitration at the request of either Party in accordance with the procedure to be followed.
(2) Arbitration will be the tribunals of three arbiters established as follows:
(a) Within 60 days of the date on which a Party submits to the other Party an application for arbitration, each Party shall designate one arbitrator. Within 30 days of this 60-day period, the two arbitrators thus selected shall determine by common accord of the third arbitrator, who shall not be a national of any Contracting Party.
(b) If a third arbitrator cannot be agreed in accordance with paragraph (a), the Contracting Parties shall, within 30 days following the 30-day period referred to in paragraph (a), agree that the third arbitrator shall be chosen either by the President of the Board of the International Civil Aviation Organisation or by the Director-General of the International Air Transport Association. The third arbitrator shall in no way be a national of a Contracting Party.
(3) Each Contracting Party shall make every effort, in accordance with its own law, to implement any decision or opinion of the arbitration panel.
(4) The costs of the arbitration panel, including the remuneration and expenses of the arbitration panel, shall be borne by the Parties equally.
This Agreement and all its amendments will be registered with the International Civil Aviation Organisation.
Each Contracting Party may at any time notify the other Contracting Party that it intends to terminate this Agreement. This notification will also be sent to the International Civil Aviation Organisation. The Agreement shall expire six months after the date on which the other Contracting Party receives the notice of denunciation, unless, in agreement with the Contracting Parties, the denunciation is withdrawn before the expiry of that period.
This Agreement will replace the Agreement on Air Transport between the Czechoslovak Republic and the United States of America, signed in Prague on 3 January 1946.
(1) The term "Agreement" will mean this Agreement and the attached List of Lines and any amendments thereto.
(2) In the case of the Czechoslovak Socialist Republic, the term "aviation authorities" will mean the Ministry of Transport Civil Aviation Administration, the Civil Aviation Authority of the United States of America, or in both cases any person or authority entitled to exercise the competence of the authorities now mentioned.
(3) The term "designated airline" will mean an airline which has been notified in writing by one Contracting Party to the other Contracting Party as an undertaking operating a particular route or lines listed in the List of Lines of this Agreement.
(4) The term "Convention" means the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944.
(5) The terms "territory," "air service," "international air service" and "landing for non-commercial purposes" will have the meaning assigned to them by Articles 2 and 96 of the Convention.
This Agreement shall enter into force on the date of signature.
In evidence of the signed agents who were duly empowered by their governments, this Agreement was signed.
Dane in Prague, 28 February 1969, in duplicate in English and Czech, both texts equally valid.
For the Government
Czechoslovak Socialist Republic:
Martin Murín v. r.
For the Government
United States of America:
J. E. Jacob D. Beam v. r.
LIST OF LINES
A. An airline or an airline designated by the Government of the United States of America will be authorised to operate air services in both directions on a specified route and to land regularly in Czechoslovakia on a line specified in this paragraph:
From the United States through places in Ireland, the United Kingdom, Holland, Belgium, the German Federal Republic to Prague and further through intermediate places to India and the United States (both directions).
With regard to places between Prague and India, the designated United States airline (or undertakings) may make four (4) landings in the following countries with transport rights:
Austria
Yugoslavia
Turkey
Lebanon
Iran
Pakistan
With regard to locations between India and the United States, the designated United States airline (or undertakings) may make six (6) landings in the following countries with transport rights:
Thailand
Vietnam
Malaysia
Singapore *)
Indonesia
Philippines
Hong Kong
Japan *)
The United States government will be entitled to replace the country originally selected within the same group of countries. This right may be exercised during a period of six (6) months after the 30-day prior notification to the Government of the Czechoslovak Socialist Republic.
B. An airline or an airline designated by the Government of the Czechoslovak Socialist Republic shall be entitled to operate air services in both directions on a specified route and to land regularly in the United States of America on the route specified in this paragraph:
From Czechoslovakia through a place in the German Federal Republic or France or the United Kingdom, places in Luxembourg, Belgium, Holland, Denmark to Montreal in Canada and New York.
Montreal can be on the line both an intermediate location and a place beyond New York.
As regards the selection of a post in the German Federal Republic or France or the United Kingdom, the Government of the Czechoslovak Socialist Republic will be entitled to replace the post originally selected by another place in one of the other two countries. This right may be exercised within a period of six (6) months following the 30-day prior notification to the Government of the United States.
C. Places on any given route may be omitted on a single or all-year basis according to the consideration of the designated airline.
Prague, 28 February 1969
Dear Ambassador,
I refer to the Air Transport Agreement signed today in Prague. During the negotiations that led to the conclusion of the Agreement, the delegations representing both our governments discussed the way in which airlines operate in connection with the sale of air services on designated routes. The following arrangement has been reached on this activity:
With regard to the provisions of Article X of the Agreement, each Government intends to make every effort, in accordance with its policy, to ensure, within the shortest practical period possible, that material reciprocity is ensured for the undertaking or airlines of the other Party in the conduct of business. In the meantime, designated airlines of one country will have the right to conduct business in another country under conditions which are no less favourable than those enjoyed by any third country airline.
At the latest twenty-two months after the start of the regular operation of the Czechoslovak airline to the United States, both Contracting Parties shall conduct negotiations in order to verify that mutually acceptable conditions have been established for the airlines of each Contracting Party in order to engage in business activities within the territory of the other Contracting Party on the basis of the application of Article X to the mutually acceptable extent. If the negotiations do not result in the satisfaction of the two Contracting Parties that mutually acceptable conditions have been reached and if no further arrangement has been made, the Air Transport Agreement will automatically cease to apply, irrespective of the provisions of Article XIV, 24 months after the start of scheduled operations in the United States by a designated Czechoslovak airline.
On behalf of the Government, I am pleased to confirm that arrangement and I would like you to announce from your side that the arrangement has been confirmed by the Government of the United States of America.
Respectfully
Martin Murín
The Head of Delegation
Czechoslovak Socialist Republic
J. E. Jacob D. Beam
United States Ambassador
Prague
Prague, 28 February 1969
Dear Mr. Murin,
I refer to your letter of 28 February 1969, the text of which, translated into English, reads as follows:
"I refer to the Air Transport Agreement signed today in Prague. During the negotiations that led to the conclusion of the Agreement, the delegations representing both our governments discussed the way in which airlines operate in connection with the sale of air services on designated routes. The following arrangement has been reached on this activity:
With regard to the provisions of Article X of the Agreement, each Government intends to make every effort, in accordance with its policy, to ensure, within the shortest practical period possible, that material reciprocity is ensured for the undertaking or airlines of the other Party in the conduct of business. In the meantime, designated airlines of one country will have the right to conduct business in another country under conditions which are no less favourable than those enjoyed by any third country airline.
At the latest twenty-two months after the start of the regular operation of the Czechoslovak airline to the United States, both Contracting Parties shall conduct negotiations in order to verify that mutually acceptable conditions have been established for the airlines of each Contracting Party in order to engage in business activities within the territory of the other Contracting Party on the basis of the application of Article X to the mutually acceptable extent. If the negotiations do not result in the satisfaction of the two Contracting Parties that mutually acceptable conditions have been reached and if no further arrangement has been made, the Air Transport Agreement will automatically cease to apply, irrespective of the provisions of Article XIV, 24 months after the start of scheduled operations in the United States by a designated Czechoslovak airline.
On behalf of the Government, I am pleased to confirm that arrangement and I would like you to announce from your side that the arrangement has been confirmed by the Government of the United States of America. "
I confirm the previous arrangement on behalf of the United States Government.
Respectfully
Jacob D. Beam
United States Ambassador
Mr
Martin Murín
The Head of Delegation
Czechoslovak Socialist Republic
Prague
*) Transport rights to both of these countries cannot be used simultaneously.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 60 / 1969 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1969 |
|---|---|
| Effective from | 28.02.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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