Communication from the Ministry of Foreign Affairs No. 69 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the Agreement between the Government of the Czech Republic and the Government of South Africa on Air Transport
Valid
International Treaty
Effective from 14.09.1993
Text versions:
10.04.1997
Zobrazeno prvních 200 z celkem 202 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
69
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement between the Government of the Czech Republic and the Government of South Africa on Air Transport was signed in Pretoria on 16 August 1993.
The Agreement on the basis of Article 25 shall be provisionally implemented from the date of signature and entered into force on 14 September 1993.
The Czech translation of the Agreement is announced simultaneously.
AGREEMENT
between the Government of the Czech Republic and the Government of South Africa on air transport
Government of the Czech Republic and Government of South Africa (hereinafter referred to as the "Contracting Parties');
being parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944; and
Desiring to conclude an agreement supplementing the abovementioned Convention in order to establish and develop air services between and beyond the territories of their States;
agree as follows:
CONTENTS
Article 1 Definitions
Article 2 Application of the Convention
Article 3 Provision of transport rights
Article 4 Identification of airlines
Article 5 Revocation or suspension of an operating authorisation
Article 6 Recognition of certificates and certificates
Article 7 Application of laws and regulations
Article 8 Timetables
Article 9 Principles for the implementation of agreed services
Article 10 Exemptions from customs, inspection and other similar charges
Article 11 Unloading of equipment, materials and supplies
Article 12 Direct transit
Article 13 Protection against unlawful acts
Article 14 Tariffs
Article 15 User fees
Article 16 Business activities
Article 17 Transfer of revenue
Article 18 Place of taxation
Article 19 Provision of information
Article 20 Consultation
Article 21 Amendments
Article 22 Dispute settlement
Article 23 Registration of the Agreement and its amendments
Article 24 Termination of the Agreement
Article 25 Entry into force
Annex
Definitions
(1) For the purposes of this Agreement, unless otherwise specified in the text:
(a) The term "Convention" means the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944 and includes any Annex adopted pursuant to Article 90 of this Convention and any amendment to the Convention, provided that those Annexes and amendments have been ratified or accepted by both Contracting Parties;
(b) the term "aviation authorities" means, in the case of the Government of the Czech Republic, the Ministry of Transport, the Minister responsible for Civil Aviation or any person or authority responsible for carrying out functions in civil aviation or similar functions, and in the case of the Government of South Africa, the Ministry of Transport, the Minister responsible for Civil Aviation or any person or authority responsible for carrying out functions in civil aviation or similar functions;
(c) the term "agreed services" means air services set up on specified routes pursuant to Article 3 (2) of this Agreement;
(d) the terms "air services," "international air services," "air undertaking" and "non-commercial landing" have the meaning set out in Article 96 of the Convention;
(e) the term "aircraft equipment" means items other than supplies and spare parts of an interchangeable nature for use on board an aircraft during flight, including first-aid devices and emergency survival equipment;
(f) the term "designated air undertaking" means an air undertaking designated by one Contracting Party and authorised by the other Contracting Party under Article 4 of this Agreement;
(g) the term "spare parts" means items for repair or replacement which are to be assigned to an aircraft, including engines and propellers;
(h) the term "fixed lines" means the lines set out in the Annex to this Agreement;
(i) the term "stocks" means articles eligible for immediate consumption when used or sold on board an aircraft in flight, including articles intended for retail sale;
(j) the term "tariff" means the prices to be paid for the carriage of passengers and goods and the conditions under which those prices are used, including prices, commissions and conditions for agent and other ancillary services, but does not include charges and conditions for the transport of mail; and
(k) the term "territory" means, in relation to the State of the land area, inland waters and adjacent to them, coastal waters under the sovereignty, suzerenity, protection or mandate of the competent State.
(2) The Annex to this Agreement forms an integral part of this Agreement and all appeals to this Agreement, unless expressly provided otherwise, include the said Annex.
Application of the Convention
The provisions of this Agreement shall be subject to the provisions of the Convention on International Civil Aviation applicable to international aviation services.
Provision of transport rights
(1) Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to establish and operate international air services designated by an air carrier on the lines set out in the relevant part of the Annex. These services and lines are hereinafter referred to as "agreed services' and" specified lines'.
(2) According to the provisions of this Agreement, each Contracting Party's designated airline shall enjoy the following rights in the operation of the agreed service on a specified line:
(a) the right to fly without landing through the territory of the State of the other Contracting Party;
(b) the right to land in that territory for needs not of trade;
(c) the right to load and land in that territory at the places set out in the Annex to this Decision of passengers, baggage, goods and mail intended for or coming from places within the territory of the other Contracting Party; and
(d) the right to load and land in the territory of third countries at the places set out in the Annex, passengers, baggage, goods and mail intended for or coming from places within the territory of the other Contracting Party listed in the Annex.
(3) Nothing in this Article may be considered as conferring a right on a Contracting Party's air undertaking to carry on board passengers, goods and mail in the territory of the other Contracting Party for another place in the territory of that other Contracting Party.
(4) The provisions of the Agreement on the transit of international air services, opened for signature in Chicago on 7 December 1944, shall apply between the Contracting Parties.
(5) The provisions of paragraphs (1) and (2) of this Article will apply to all types of civil aircraft.
Identification of airlines
(1) Each Contracting Party has the right to designate in writing one or more airlines to operate the agreed services on specified routes to the other Contracting Party. Furthermore, for practical reasons, the concept of an airline will be used in a single number.
(2) Upon receipt of a notification of such designation, the aviation authority of the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, grant the relevant operating authorisation to the air undertaking designated in accordance with paragraph (1) of this Article.
(3) In order to grant the relevant operating authorisation referred to in paragraph (2) of this Article, the air authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate that it is capable of complying with the conditions laid down by the laws and regulations normally applied by that Authority in the operation of international air services in accordance with the provisions of the Convention.
(4) If the Contracting Party is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party which has designated the air undertaking or its nationals, it shall have the right to:
(a) refuse to grant the operating authorisation referred to in paragraph (2) of this Article; or
(b) impose on the designated airline, in order to exercise the rights set out in Article 3 of this Agreement, the conditions it deems necessary.
(5) An airline which has been designated and authorised under this Article may operate the agreed services for which it has been authorised, provided that the tariffs provided for in Articles 8 and 14 of this Agreement are in force for that service and are always respected by that air carrier.
Revocation or suspension of an operating authorisation
(1) A Contracting Party shall have the right to revoke or suspend the exercise of the rights granted by this Agreement to a designated air undertaking of the other Contracting Party or to impose, in order to exercise those rights, the conditions which it considers necessary:
(a) in any case where it is not convinced that the bulk of the ownership and effective control of the air undertaking belongs to the Contracting Party that designated the air undertaking or to the nationals of that Contracting Party; or
(b) where the designated airline does not comply with the laws and regulations in force in the territory of the Contracting Party granting those rights; or
(c) in any case where an air undertaking does not act under the conditions laid down in this Agreement.
(2) This right shall be exercised only after consultation of the aviation authority of the other Contracting Party, unless an immediate appeal, suspension of rights or the imposition of the conditions referred to in paragraph (1) of this Article is necessary to prevent further infringements of the laws or regulations or provisions of this Agreement.
Recognition of certificates and certificates
(1) Airworthiness certificates, diplomas and certificates, issued or endorsed as valid by one Contracting Party and which have not expired, shall be recognised by the other Contracting Party as valid for the operation of agreed services on specified routes only provided that such certificates of airworthiness, diplomas and certificates have been issued or endorsed as valid according to the standards laid down in the Convention.
(2) However, each Contracting Party reserves the right to refuse to recognise diplomas and cards awarded to its nationals by the other Contracting Party for flights above its territory.
Application of laws and regulations
(1) The laws and regulations of one Contracting Party governing the entry, flight within or exit from its territory of aircraft of its own designated aviation undertaking in the conduct of an international flight or operation and the navigation of such aircraft on its territory shall be applied in the same manner to the aircraft of a designated air undertaking of the other Contracting Party and shall be observed on entry or exit or operation on the territory of the State of that first Contracting Party.
(2) The laws and regulations of one Party, which regulate the entry, stay or exit from its territory for passengers, crews, goods or mail, such as the laws and regulations concerning entry, exit, immigration, immigration, passports, as well as customs, health and sanitary measures, shall be valid for passengers, crews, goods and mail carried by aircraft of a designated air undertaking of the other Party on entry or exit and on residence in the territory of that Party. These laws and regulations shall be applied to the designated airline of one Contracting Party as well as to the designated airline of the other Contracting Party.
Flight schedules
(1) An air undertaking designated by one Contracting Party shall submit to the Air Authority of the other Contracting Party the timetable of its intended services for approval at least 60 (60) days in advance, indicating the number of frequencies, the type of aircraft, the arrangement and the number of seats available to the public.
(2) If the designated airline wishes to conduct additional flights to those included in the approved timetable, it shall discuss those flights with the designated air carrier of the other Contracting Party. In the event that an arrangement between designated airlines cannot be reached, the matter will be resolved by both aviation authorities.
(3) Any subsequent amendments to the approved timetable of the designated air undertaking shall be submitted for approval to the air authority of the other Contracting Party.
Principles for implementing agreed services
(1) A designated airline of each Contracting Party shall be granted fair and equitable treatment in order to allow them the same opportunity to operate the agreed services. Each Contracting Party shall, within its competence, take all necessary measures to eliminate any form of discrimination or unfair competitive practices which adversely affect the competitive position of the other Contracting Party's air undertaking.
(2) In order to assess the implementation of the agreed services, account will be taken of current and reasonably expected transport requirements and capacity offered on each of the specified lines.
Exemptions from customs, inspection and other similar charges
(1) Aircraft used for the operation of agreed services by designated airlines of any Contracting Party, as well as their usual equipment, fuel and oil supplies and supplies (including food, beverages and tobacco) on board such aircraft, shall be exempt from all customs duties, inspection fees and other similar charges upon landing, provided that the equipment, supplies and supplies remain on board the aircraft until they are re-exported or used during the part of the flight carried out over the territory of the Contracting Party concerned.
(2) In accordance with paragraph (3) of this Article, all customs duties, inspection fees and other similar charges, except those corresponding to the services provided, shall also be exempt from:
(a) the stocks of an aircraft taken on board in the territory of a Contracting Party within the limits set by the aeronautical authorities of that Contracting Party, intended for use on board a flying aircraft of a designated air undertaking of the other Contracting Party and used for agreed services;
(b) spare parts imported into the territory of any Contracting Party for the maintenance or repair of aircraft used in the agreed services designated by the air carrier of the other Contracting Party; and
(c) fuel and oils supplied to the incoming / transit / departing aircraft operating in agreed services by an air carrier of the other Party, even if part of those supplies is to be used during the part of the flight operated over the territory of the Contracting Party in which they were taken on board.
(3) Material and stocks referred to in paragraph (2) (a), (b) and (c) of this Article may be subject to customs supervision or control.
(4) Exemptions granted in paragraph (2) (b) (b) this Article shall also apply where an air undertaking of one Contracting Party has agreed with another air undertaking in the territory of the other Contracting Party, which similarly enjoys such exemptions from the other Contracting Party, to lend or transfer items provided for in paragraph (2) (b). (b) this Article.
Unloading of equipment, materials and supplies
The normal flight equipment, as well as the materials and supplies carried on board an aircraft of a designated air undertaking of any Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of the customs office of that other Contracting Party and may require that the equipment, materials and supplies be stored under its supervision until they are exported or otherwise disposed of in accordance with customs legislation and regulations.
Direct transit
Passengers in direct transit through the territory of a Contracting Party who do not leave a part of an airport designated for such a purpose shall, with the exception of measures to protect against crime and air piracy, be subject to simplified control. Luggage and goods in direct transit shall be exempt from customs and other charges.
Protection against unlawful acts
(1) On request, the Contracting Parties shall provide each other with all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other illegal acts against the safety of such aircraft, its passengers and crew, airports and air navigation equipment, as well as other threats to civil aviation safety.
(2) The Contracting Parties will act in accordance with the provisions of the Convention on Criminal Procedure and of certain other acts committed on board an aircraft, signed in Tokyo on 14 September 1963, the Convention on the Suppression of Illegal Empowerment of Aircraft, signed in The Hague on 16 December 1970, and the Convention on the Suppression of Illegal Acts Against Civil Aviation Security, signed in Montreal on 23 September 1971.
(3) The Parties shall act in their mutual relations in accordance with the provisions on civil aviation security laid down by the International Civil Aviation Organisation and referred to as the Annexes to the Convention to the extent that those provisions are applicable to the Parties; require aircraft operators registered in their territory or aircraft operators having their principal place of business or permanent place of business in their territory and airport operators in their territory to act in accordance with those provisions on civil aviation security.
(4) Each Contracting Party agrees that these aircraft operators may be required to comply with the provisions on civil aviation security referred to in paragraph (3) above required by the other Contracting Party for entry, exit and residence in the territory of that other Contracting Party.
(5) Each Contracting Party shall ensure that appropriate measures are taken in its territory to protect aircraft and to control passengers, crews, hand baggage, hold baggage, goods and on-board supplies before and during boarding or loading.
(6) Each Contracting Party shall, with understanding, consider any request from the other Contracting Party for appropriate specific security measures to face a threat.
(7) In the event of an act or a threat of unlawful seizure of civil aircraft or any other act against the safety of such aircraft, their passengers and crew, airports or navigation equipment, the Contracting Parties shall assist each other by facilitating the transmission of messages and other relevant measures aimed at the rapid and safe termination of such acts or threats.
(8) Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the provisions of this Article for the protection of civil aviation, the Aviation Authority of the first Contracting Party may request urgent consultations with the aviation authority of the other Contracting Party.
Tariffs
(1) The tariffs applied by the designated airline of each Contracting Party to the services referred to in this Agreement will be set at an appropriate level, taking into account all relevant factors such as operating costs, user interests, nature of services (such as speed and travel arrangements), brokerage rates, reasonable profits and tariffs of other airlines. The Contracting Parties will regard as unacceptable tariffs which are unfairly competitive or discriminatory, excessively high or restrictive on the basis of abuse of a dominant position, or artificially low in view of direct or indirect State aid or aid.
(2) The tariffs referred to in paragraph (1) will be agreed as far as possible by designated airlines. Such an agreement may be reached by using the relevant international tariff mechanism.
(3) The tariffs of the designated air undertaking of one Contracting Party will be submitted to the air authorities of the two Contracting Parties no later than 60 (60) days before their intended entry into force (hereinafter referred to as the "notification period"). In specific cases, the notification period may be shortened by agreement between the said authorities.
(4) Tariffs shall be deemed to have been approved unless both aviation authorities express their opposition to the tariffs within 30 (30) days of the date of their submission in accordance with paragraph (3). If the notification period has been shortened in accordance with paragraph (3), the aviation authorities may agree that the period during which any disagreement must be notified will be less than 30 (30) days.
(5) Tariffs established in accordance with the provisions of this Article will remain in force until new tariffs are fixed.
(6) The designated airlines of both Contracting Parties shall not require tariffs different from those established in accordance with this Article.
User fees
The fees and rates required in the territory of the State of any Contracting Party for the operation of an air undertaking of the other Contracting Party using aerodromes and other aeronautical equipment in the territory of the first Contracting Party shall not be higher than those required in the operation of any other air undertaking engaged in similar operations.
Commercial activity
(1) The designated airlines of both Contracting Parties will be allowed to establish offices in the territory of the other Contracting Party to promote air transport and to sell tickets, as well as to use other facilities required for air transport.
(2) The designated aeronautical undertaking of one Contracting Party shall be authorised to have and maintain in the territory of the other Contracting Party its management, commercial, operational and technical personnel, which may be required in connection with the provision of air transport.
(3) At the sole discretion of the designated airline, personnel needs may be provided by its own personnel or by the use of the services of another organisation, company or airline operating in the territory of the other Party and authorised to carry out such services in that territory.
(4) Each Contracting Party shall grant the designated airline of the other Contracting Party the right to deal with the sale of air traffic within its territory either directly or at the sole discretion of the airline through its intermediaries.
(5) The above activities shall be carried out in accordance with the laws and regulations of the other Party.
Transfers of revenue
(1) Each Contracting Party shall grant the designated airline of the other Contracting Party the right to free transfer of revenue surpluses over expenditure incurred by that airline in the territory of the first Contracting Party in respect of the carriage of passengers, baggage, goods and mail. The transfer shall be made in accordance with the foreign exchange rules in force in the territory of this Contracting Party, on the basis of an official exchange rate at one of the freely convertible currencies.
(2) Where the method of payment between the Contracting Parties is adjusted by a separate agreement, this specific agreement shall apply.
Place of taxation
Revenue received by an air transport undertaking designated by a Contracting Party from international transport activities shall be taxable only in the State where the head office of that designated air undertaking is located.
Provision of information
The aeronautical authority of each Contracting Party shall, upon request, provide the air authority of the other Party with information relating to the transport carried out on the agreed services by the designated airline. This information will include statistics and any other information required to determine the volume of shipments made by airlines to the agreed services.
Consultation
(1) In the spirit of close cooperation, the aviation authorities of the two Contracting Parties shall be in regular and frequent liaison, which may take place by negotiation or correspondence in order to ensure close synergies in all matters affecting the implementation of this Agreement.
(2) Each Contracting Party may at any time request consultations on any problem relating to this Agreement. Such consultations shall begin within 60 (60) days of the date on which the other Party receives the request, unless otherwise specified by the Parties.
Amendments
(1) If one of the Contracting Parties considers it desirable to amend any provision of this Agreement, this amendment shall enter into force, if agreed between the Contracting Parties, upon confirmation by exchange of diplomatic notes.
(2) The amendments to the Annex to this Agreement may be agreed directly between the aviation authorities of the Contracting Parties. They shall be applied provisionally from their agreed date and shall enter into force upon 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 only to the extent that those provisions have been adopted by both Parties.
Dispute settlement
(1) Any dispute concerning the interpretation or implementation of this Agreement shall be settled by direct negotiation between the air authorities of the Contracting Parties. If the aviation authorities do not reach an agreement, the dispute will be settled by diplomatic means.
(2) If, through their aviation authorities or through diplomatic channels, the Contracting Parties do not reach a settlement, the dispute may be brought to the decision of the Tribunal at the request of any Contracting Party. The General Court shall be composed of three arbiters, one designated by each Contracting Party and the third agreed by two arbiters so designated provided that the third arbiter is not a national of one of the Contracting Parties. Each Contracting Party shall designate an arbitrator within 60 (60) days from the date on which one of the Contracting Parties has received from the other Party a diplomatic note requesting arbitration and a third arbitrator shall then be agreed within a further 60 (60) days, or if a third arbitrator is not designated within that period, the President of the Council of the International Civil Aviation Organisation may be asked to designate an arbitrator or arbitrators; provided that the President is not a national of a Contracting Party.
(3) The General Court lays down its own rules of procedure.
(4) The Parties provisionally bear the costs of the arbitration procedure equally in the final decision of the arbitration panel.
(5) The Parties shall submit to any preliminary and final decision of the Tribunal.
Registration of the Agreement and its amendments
This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organisation by the Parties.
Termination of the Agreement
Each Contracting Party may at any time notify the other Contracting Party in writing of its decision to terminate this Agreement. Such notification will also be sent to the International Civil Aviation Organisation. In such a case, this Agreement shall expire 12 (12) months after the date on which the notification was received by the other Contracting Party if the notice of termination had not been withdrawn by agreement before the expiry of the notice period. In the absence of confirmation of receipt by the other Party, the notification shall be deemed to have been received 14 (14) days after the notification was received by the International Civil Aviation Organisation.
Entry into force
This Agreement shall be provisionally implemented from the date of signature; enter into force as soon as the Contracting Parties have notified each other that their respective constitutional procedures have been complied with.
In order to prove the undersigned, duly empowered by their respective governments, they have signed this Agreement in duplicate in English.
Done at Pretoria, 16 August 1993.
For the Government
Czech Republic:
PhDr. Jan Stráský v. r.
Minister for Transport
For the Government
South Africa:
Dr. P.J. Welgemoed v. r.
Minister for Transport, Post and Telecommunications
ANNEX
to the Agreement between the Government of the Czech Republic and the Government of South Africa on Air Transport
List of lines
| 1. Jihoafrické linky | |||
| Body v Jihoafrické republice | Mezilehlé body | Body v České republice | Body za |
| Body v Jihoafrické republice | budou určeny později | Praha | Jeden bod za bude určen později |
| 2. České linky | |||
| Body v České republice | Mezilehlé body | Body v Jihoafrické republice | Body za |
| Body v České republice | budou určeny později | Johannesburg | Jeden bod za bude určen později |
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 69 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of South Africa on Air Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1997 |
|---|---|
| Effective from | 14.09.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0