Decree of the Minister for Foreign Affairs No. 64 / 1979 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic
Valid
Effective from 11.07.1978
64
DECLARATION
Minister for Foreign Affairs
of 21 February 1979
on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic
The Agreement on Air Transport between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic was signed in Prague on 2 October 1975. The Agreement entered into force on 11 July 1978 pursuant to Article 18 thereof.
The Czech translation of the text of the Agreement is announced simultaneously.
First Deputy:
Ing. Book v. r.
AGREEMENT
on air transport between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic
Government of the Czechoslovak Socialist Republic and Government of the Italian Republic,
led by the wish to conclude an Agreement for the development of air transport relations between the Czechoslovak Socialist Republic and the Italian Republic,
agree as follows:
For the implementation of this Agreement, unless otherwise specified in the text:
(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 Annexes adopted pursuant to Article 90 of this Convention and any amendments to the Annexes or to the Convention pursuant to Articles 90 and 94 thereof;
(b) the term "Aviation Authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport, as regards the Italian Republic, the Ministry of Transport, the Directorate-General for Civil Aviation or, in both cases, any other person or body responsible for carrying out the tasks currently carried out by those authorities;
(c) the term "designated air undertaking" means an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article 3 of this Agreement as an air undertaking operating agreed air services on specified routes in accordance with paragraph 1 of Article 2 of this Agreement;
(d) the terms "territory," "air service," "international air service" and "landing for non-commercial purposes" have the meaning set out in Article 2 and Article 96 of the Convention;
(e) the term "Annex" shall mean the Annex to this Agreement or its additions made in accordance with the provisions of paragraph 2 of Article 15 of this Agreement. The Annex shall form an integral part of the Agreement and any appeals thereto shall include an appeal to the Annex unless otherwise specified.
(1) Each Contracting Party shall grant the other Contracting Party the rights set out in this Agreement in order to enable its designated airline to establish international air services on the lines set out in the Annex to this Agreement. These services and lines are hereinafter referred to as "agreed services' and" specified lines'.
(2) The designated aeronautical undertaking of each Contracting Party shall enjoy the following rights:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes;
(c) in the course of the operation of the agreed services, to land and load passengers, goods and mail in the territory of the other Contracting Party, subject to the conditions laid down in this Agreement and its Annex.
(3) Nothing in this Agreement shall authorise a designated air undertaking of one Contracting Party to dispose of passengers, goods and mail intended for another place in the territory of that other Contracting Party ("cabotage ') for consideration in the territory of the other Contracting Party.
(1) Each Contracting Party has the right to designate, by written notification to the other Contracting Party, one air undertaking to operate the agreed services on specified lines.
(2) Upon receipt of the written notification, the other Contracting Party shall, without delay, grant the relevant operating authorisation to the designated airline, subject to the provisions of paragraphs 3 and 4 of this Article.
(3) The Aviation Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its ability to comply with the conditions laid down by the laws, regulations and administrative measures which it normally and appropriately applies in accordance with the provisions of the Convention in the operation of international commercial air services.
(4) Each Contracting Party shall have the right to refuse to grant the operating authorisations referred to in paragraph 2 of this Article or to impose on the designated air undertaking, in the exercise of the rights set out in Article 2, such conditions as it considers necessary if it is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party designating the air undertaking or its nationals.
(5) As soon as the airline has been so designated and authorised, the operation of the agreed services may be initiated at any time, subject to the provisions of Article 9, provided that the tariffs established in accordance with Article 11 of this Agreement are in force for such services.
(1) Each Contracting Party shall have the right to revoke or cease the exercise of the rights set out in Article 2 of this Agreement to an air undertaking designated by the other Contracting Party, or to impose such conditions as it deems necessary for the use of such rights,
(a) in the case where the airline does not comply with the laws, regulations and administrative measures of the Contracting Party providing those rights;
(b) where it is not satisfied that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party designating an air undertaking or to nationals of that Contracting Party;
(c) in the event that the airline otherwise fails to comply with the operation of the agreed services under the conditions laid down in this Agreement.
(2) If an immediate revocation of operating authorisations, termination of exercise of rights or the imposition of conditions for the reasons referred to in paragraph 1 of this Article is not necessary to prevent further infringements of laws, regulations and administrative measures, that right shall be exercised only after consultation with the other Contracting Party.
(1) The laws, regulations and administrative provisions of each of the Contracting Parties concerning the entry, stay and exit of aircraft operating international flights from their territory or the operation of flight and exit operations of such aircraft at the time they are in their territories shall apply to aircraft of an air undertaking designated by the other Contracting Party.
(2) The laws, regulations and administrative provisions of each of the Contracting Parties concerning the entry into, stay and exit from, the territories of passengers, flight crew members, goods and mail, such as the entry, exit, immigration, travel documents, customs and quarantine rules, must be complied with in their territories by means of an aircraft of an air undertaking designated by the other Contracting Party.
(3) Taxes and charges for the use of airports, equipment and technical equipment in the territory of one Contracting Party shall be levied at the rates and tariffs laid down by the laws, regulations and administrative measures of that Contracting Party.
(1) The aircraft used by a designated airline of one Contracting Party in the international air services provided for in this Agreement, as well as fuel and lubricating oil, aircraft supplies, spare parts and usual equipment on board such aircraft, shall be exempt from all customs duties, inspection and other fiscal charges on arrival in the territory of the other Contracting Party.
(2) With the exception of charges corresponding to the services performed, the following duties and fiscal charges will also be exempted:
(a) fuel, lubricating oils, aircraft stocks, spare parts and normal equipment of aircraft imported and stored in the territory of one Contracting Party by a designated air carrier of the other Contracting Party for exclusive use by that air carrier;
(b) fuel, lubricating oils, aircraft stocks, spare parts and usual equipment for aircraft loaded into the territory of the other Contracting Party within the limits and conditions laid down by its offices for exclusive use on board an aircraft of an air undertaking designated by one of the Contracting Parties.
(3) The items covered by the exemptions provided for in the preceding paragraphs will only be used for the operation of air services and, if they are not used, they must be exported unless they are authorised to be transferred or imported in accordance with the provisions applicable to the territory of the Contracting Party concerned.
(4) The exemption provided for in this Article, also applicable to that part of the above-mentioned items which is used during flights above the territory of the Party granting the exemption, may be subject to compliance with the formalities usual in the territory concerned, including customs control.
(1) Transfers to the territory of the other Contracting Party of income balances achieved by the designated airline of one of the Contracting Parties shall be made in accordance with the rules contained in the payment agreement between the two Contracting Parties.
(2) If such an agreement cannot be used, the transfer shall be made in freely convertible currency.
(3) The amounts concerned shall be transferred freely without any charge, tax or restriction.
(1) Designated airlines will have decent and equal opportunities to operate the agreed services between the territories of the Contracting Parties.
(2) When operating the agreed services, the designated aeronautical undertaking of each of the Contracting Parties shall take into account the interests of the designated air undertaking of the other Contracting Party in order not to unduly affect its air services on the same route or part thereof.
(3) The operation of agreed services on specified lines will be closely dependent on public requirements. The basic objective of each agreed service will be to ensure, with reasonable use, the capacity corresponding to normal and reasonable requirements in both directions for the carriage of passengers, goods and mail to the territory of the Contracting Party which has designated the airline operating those services.
(4) The rights granted to each designated airline for the carriage of passengers, goods and mail between the territory of the other Contracting Party and the territories of third countries shall be exercised in accordance with the general principle that, when developing international air services, the capacity offered shall be assessed in the context of:
(a) the transport requirements in the territory of the Contracting Party which has designated the air undertaking and originating from that territory;
(b) the transport requirements in the area covered by the airline, taking into account the air services operated in that area by airlines of other countries;
(c) requirements for direct air traffic.
(1) The agreed services can only be operated in the case of the negotiation and validity of agreements between designated airlines of both parties on the number of frequencies and corresponding economic and technical conditions; such agreements shall be submitted for approval to the aviation authorities of the Contracting Parties.
(2) The flight schedules of the agreed services will be submitted for approval not later than 60 (60) days before their entry into force to the aviation authorities of the two Contracting Parties. The same procedure will also apply to other changes to the timetable. If the aviation authorities agree, that period may be reduced in specific cases.
The aeronautical authorities of each of the Contracting Parties shall, upon request, submit to the Aeronautical Office of the other Contracting Party statistical data on the use of the capacity of services originating in or going to the territory of the other Contracting Party offered by the designated air undertaking of the first Contracting Party on the lines set out in the Annex to this Agreement.
(1) The term "tariff," used further, means the prices and conditions for their use to be paid for the carriage of passengers, baggage and goods together with the remuneration and conditions for intermediaries and other ancillary services. does not, however, include fees and conditions for the transport of mail.
(2) The tariffs used by the airline of one Contracting Party for transport to or from the territory of the other Contracting Party will be set at an appropriate level, taking due account of all necessary factors, such as operating costs, reasonable profit and tariffs of other airlines.
(3) The tariffs referred to in paragraph 2 of this Article will, if possible, be agreed by the designated airlines of the two Contracting Parties in consultation with other airlines operating on the whole or part of the route and an agreement will be reached, if possible, through the procedure established for this purpose by the International Air Carrier Association.
(4) The tariffs thus agreed shall be submitted for approval to the air authorities of the Contracting Parties at least 90 (90) days before the proposed date of implementation; in specific cases, this time limit may be shortened with the agreement of the aviation authorities.
(5) Consent to tariffs may be given explicitly. In the event that none of the aviation authorities notifies its opposition to any tariff within 40 (40) days of the date of submission of the tariffs referred to in paragraph 4 of this Article, the tariffs shall be deemed to have been approved. If the time limit for submission is reduced in accordance with paragraph 4 of this Article, the aviation authorities may agree a period of less than 40 (40) days during which the disagreement is to be notified.
(6) If the tariffs cannot be agreed in accordance with paragraph 3 of this Article, or if, within the time limit set in paragraph 5 of this Article, the air authority of one Contracting Party has notified the air authority of its disagreement with the tariffs agreed in accordance with paragraph 3 of this Article, the air authorities of the Contracting Parties shall endeavour to designate the tariffs by common accord.
(7) If the aviation authorities do not agree to approve any tariff submitted to them pursuant to paragraph 4 of this Article or to determine it pursuant to paragraph 6, the dispute shall be settled in accordance with the provisions of Article 16 of this Agreement.
(8) Tariffs agreed in accordance with the provisions of this Article will be valid until new tariffs are agreed. However, the validity of any tariff may not be extended by more than 12 (12) months after the date on which the tariff would otherwise have expired.
(1) Each Contracting Party shall, on the basis of reciprocity addressed to the air undertaking of the other Contracting Party, grant the right to maintain, in the territory of the other Contracting Party, the place specified in the list of lines of office and administrative, commercial and technical staff selected from among the nationals of one or both Contracting Parties, necessary for the needs of the designated air undertaking.
(2) The employment of third-country nationals in the territory of a Contracting Party shall be possible only with the agreement of its aviation authority.
(3) Staff members of the other Contracting Party or third-country nationals shall be subject to national provisions relating to entry and residence in the territory of the relevant Contracting Party, such as the laws, regulations and administrative measures in force in its territory.
(4) The number of staff referred to in paragraph 3 of this Article shall be submitted for approval to the aviation authorities of the two Contracting Parties.
(5) Each Contracting Party shall provide the said offices and staff - nationals of the other Contracting Party or of third countries - with the necessary assistance as well as facilities for the residence of such staff in the relevant territory.
This Agreement and any amendment thereto pursuant to Article 15 shall be registered with the International Civil Aviation Organisation.
In the 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.
(1) If one of the Contracting Parties considers it desirable to amend any provision of this Agreement, it may request consultations from the other Contracting Party. Such consultations, which may be conducted between the aviation authorities, either by direct negotiation or in writing, shall take place within 60 (60) days of the date of application. The amendments thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
(2) The amendments to the Annex to this Agreement may be made provisionally from a date agreed by the aviation authorities and enter into force upon their confirmation by exchange of diplomatic notes.
(3) If the General Multilateral Convention on scheduled international air services enters into force for both Parties, this Agreement shall be adapted to comply with the provisions of such a multilateral Convention.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the air authorities of the Contracting Parties. If no agreement is reached between these aviation authorities, the dispute shall be settled by diplomatic means.
Each Party may at any time notify the other Party of its decision to terminate this Agreement. A copy of the statement will also be sent to the International Civil Aviation Organisation. If such termination has been given, this Agreement shall expire 12 months after the date on which the other Contracting Party received the denunciation, unless the denunciation between the Contracting Parties is terminated by mutual agreement before the expiry of that period. If the receipt of the statement is not confirmed by the other Contracting Party, the statement shall be deemed to have been received 14 days after its receipt by the International Civil Aviation Organisation.
Each Contracting Party shall notify in writing to the other Party the approval of this Agreement in accordance with its national rules. This Agreement shall enter into force on the date of the last of these written notifications.
Dane in Prague on 2 October 1975 in two copies in English.
This Agreement has been signed and sealed by the agents of the Contracting Parties to this Agreement in evidence of this.
For the Government
Czechoslovak Socialist
Republic:
Jaroslav Podzimek v.r.
For the Government
Republic of Italy:
Felice Santini v.r.
ANNEX
I. The route of the designated airline of the Czechoslovak Socialist Republic:
Points in Czechoslovakia - Rome in both directions
II. Route of designated aviation undertaking of the Italian Republic:
Points in Italy - Prague in both directions.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 64 / 1979 Coll., on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1979 |
|---|---|
| Effective from | 11.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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