Decree of the Minister for Foreign Affairs No. 70 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Austria
Valid
Effective from 07.06.1962
70
DECLARATION
Minister for Foreign Affairs
of 21 June 1962
concerning the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Austria
The Agreement on Air Transport between the Czechoslovak Socialist Republic and the Republic of Austria was signed in Prague on 1 March 1962.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 11 May 1962. The approval of the Agreement by the competent authorities of the Republic of Austria was communicated by a note dated 22 May 1962 and its approval by the Government of the Czechoslovak Socialist Republic on 7 June 1962.
Pursuant to Article 20 thereof, the Agreement entered into force on 7 June 1962.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
on air transport between the Czechoslovak Socialist Republic and the Republic of Austria
The Government of the Czechoslovak Socialist Republic and the Federal Government of the Republic of Austria wish to conclude an agreement with a view to developing mutual air transport and establishing air services between the territories of the two States and agreed through these territories as follows:
Definitions
1. For the implementation of this Agreement and its Annexes:
(a) The term "aviation authorities" means:
as regards the Czechoslovak Party, the "Ministry of Transport and Communications - Aviation Department ', as regards the Austrian Party, the" Federal Ministry of Transport and Electricity as the highest civil aviation authority', or in both cases any other authority authorised to carry out tasks currently within the scope of those authorities.
(b) The term "designated airline" means:
an air undertaking designated by one of the Contracting Parties by written notification of the other Contracting Party pursuant to Article 3 of this Agreement as an air undertaking which will operate international air services on the routes specified in the Annex to this Agreement.
(c) The terms "territory," "air services," "international air services" and "non-commercial landing" shall have meaning for the implementation of this Agreement as determined by Articles 2 and 96 of the Convention on International Civil Aviation.
Air traffic rights
1. Each Contracting Party shall grant the rights set out in this Agreement to the other Contracting Party in order to establish regular international air services on the lines set out in the Annex to this Agreement. Furthermore, these air services and air routes will be referred to as "agreed services' and" specified routes'. Air undertakings designated by each Contracting Party shall enjoy the following rights when operating the agreed services on a specified line:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes;
(c) land with all traffic rights for the purpose of unloading or loading persons, goods and mail in international traffic in that territory at the places specified for that route in the Annex to this Agreement.
2. the provisions of paragraph 1 (a) and (b) shall be interpreted as not restricting the rights and obligations arising from the Agreement on the transit of international air transport services only to the agreed services listed in the Annex to this Agreement.
Authorisation
1. Each Contracting Party shall have the right to designate in writing the other Contracting Party an air undertaking to operate the agreed services on specified lines.
2. Once the other Contracting Party has received this designation, it shall issue without delay, subject to the provisions of paragraphs 3 and 4 of this Article, an appropriate authorisation to the designated aeronautical undertaking.
3. Each Contracting Party shall have the right, by written notification of the other Contracting Party, to withdraw the designation of the air undertaking and to designate another air undertaking.
4. Air authorities of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate that it is competent to comply with the laws and regulations resulting from the requirements which those air authorities will normally apply in accordance with the provisions of this Agreement for the operation of international air services.
5. Each Contracting Party shall have the right to refuse the authorisation referred to in paragraph 2 of this Article or to impose on an air undertaking, for the exercise of the rights identified in Article 2, such conditions as it considers necessary, unless it is demonstrated that a substantial part of the ownership and actual management of that air undertaking belongs to the Contracting Party which designated the air undertaking or its members.
6. An air carrier so designated and approved may at any time commence the operation of the agreed services provided that the rate fixed for such services has become effective under the provisions of Article 11 of this Agreement.
Capacity adjustment
The transport capacity provided by each designated airline for the operation of the agreed air services will be adapted to the transport demand and will be determined, in terms of common sections, by a direct agreement between designated airlines; This Agreement shall be subject to approval by the air authorities of both Parties.
Approval of flight schedules
The flight schedules shall be notified by the designated airline of each of the Contracting Parties for approval by the air authority of the other Contracting Party no later than 30 days before their introduction.
Revocation of an authorisation granted and prohibition of exercise of rights
1. Each Contracting Party shall have the right to revoke an authorisation granted to an air undertaking designated by the other Contracting Party or to prohibit that air undertaking from exercising the rights referred to in Article 2 of this Agreement or to impose on it the conditions which it considers necessary for the exercise of the following rights:
(a) unless it is demonstrated to it that a substantial part of the ownership and actual management of that air undertaking belongs to the Contracting Party which has designated the air undertaking or its members;
(b) if the airline does not comply with the laws and regulations of the Contracting Party providing those rights;
(c) if the airline does not otherwise comply with the operating conditions of this Agreement.
2. Where an immediate revocation of an authorisation is not necessary, an immediate prohibition of exercise of rights or the immediate revocation or imposition of the conditions referred to in paragraph 1 of this Article to prevent further infringements of laws or regulations, that right shall be used only after negotiations with the other Contracting Party.
Customs duties and other levies
1. Aircraft used by designated airlines of both Contracting Parties in international air services, as well as their usual equipment, spare parts, fuel and lubricating oil supplies and on-board supplies (including food, beverages and tobacco) shall be exempt from all customs duties, inspection fees and other charges upon entry into the territory of the other Contracting Party provided that the equipment and supplies remain on board the aircraft until re-export.
2. Treatment no less favourable than in the case of the State enjoying the most favourable treatment will be granted in respect of customs duties and other levies and charges in respect of the following items:
(a) stocks taken on board in the territory of one Contracting Party within the limits laid down by the authorities of that Contracting Party and intended for use on board an aircraft of the other Contracting Party on a specified route;
(b) normal equipment and spare parts imported into the territory of one Contracting Party for the maintenance or repair of aircraft used on a specified route by designated airlines of the other Contracting Party;
(c) propellants and lubricating oils intended for aircraft used by the designated airline of the other Contracting Party for international air services, even if those stocks are consumed in flight above the territory of the Contracting Party in whose territory they were taken on board. Articles referred to in paragraphs (a), (b), (c) may be required to remain under customs control.
3. Powered substances, lubricating oils, spare parts, normal aircraft equipment and on-board supplies intended for the use of the agreed services may be stored at aerodromes to which the designated airline is flying.
4. The usual equipment and articles and supplies remaining on board an aircraft of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of its customs offices. In such cases, they may be subject to surveillance under the customs legislation of those offices until they are re-exported or otherwise disposed of.
Airport charges and similar charges
Each Contracting Party may impose or authorise the imposition of reasonable charges for the use of aerodromes and other facilities, provided that such charges are not higher than those paid by another airline operating similar international air services.
Tax exemption
Air undertakings of one Contracting Party shall be exempt in the territory of the other Contracting Party and, in accordance with national rules, exempt from income, income, assets and taxes levied in accordance with the sum of wages paid and similar taxes which will be introduced in future in the territory of that Contracting Party; However, this exemption will only apply to activities directly related to the operation of air transport and to airport transport.
Direct transit
Passengers flying through the territory of one Contracting Party are subject to a very simplified customs control. Luggage and goods shall be exempt from customs duties and other similar charges in direct transit.
Transport rates
1. The rates to be charged by airlines of one Contracting Party for transport to or from the territory of the other Contracting Party shall be set at an appropriate level and taking into account all relevant factors including operating costs, reasonable profit and rates of other airlines on the same routes.
2. The rates referred to in paragraph 1 of this Article shall be agreed, as far as possible, by the participating designated airlines of both Contracting Parties in consultation with other airlines operating on this route or part thereof; This Agreement shall be implemented, as far as possible, in the manner set out for the determination of the rates by the International Air Carrier Association (IATA).
3. The rates thus agreed shall be submitted no later than 30 days before the proposed date of their introduction for approval by the air authorities of the Contracting Parties; in specific cases, that period may be reduced for the approval of those authorities.
4. Subject to paragraph 3 of this Article, a rate not approved by an aviation authority of one of the Contracting Parties may not enter into force.
5. The rates determined in accordance with this Article shall remain in force until new rates are fixed in accordance with this Article.
6. Where designated airlines cannot agree on one of these rates or, for other reasons, the rate may not be fixed in accordance with the provisions of paragraph 2 of this Article, or if the aviation authority of one of the Contracting Parties has notified the aviation authority of the other Contracting Parties within the first 15 days of the 30-day period referred to in paragraph 3 of this Article of its disagreement with a rate agreed in accordance with paragraph 2 of this Article, the aviation authorities of the Contracting Parties shall endeavour to establish the rate by mutual agreement.
7. If the air authorities cannot agree to determine the rate referred to in paragraph 6, the dispute shall be settled in accordance with Article 17 of this Agreement.
Representation of airlines
The designated air undertaking of one Contracting Party shall be entitled to maintain in the territory of the other Contracting Party the technical and commercial personnel necessary for the operation of its air services, as well as to establish and operate its own office in the capital within the framework of the laws and regulations of that other Contracting Party.
Statistics
The air authorities of each of the Contracting Parties shall, at their request, provide the air authorities of the other Contracting Party with any statistical evidence which may reasonably be required to verify the capacity offered by the designated air undertaking of the first Contracting Party on the lines set out in the Annex to this Agreement. Such supporting documents shall contain all the information necessary to establish the extent of transport and the starting point of transport and its destination, where they relate to the places in the agreed list of routes.
Consultation
In the spirit of close cooperation, the air authorities of the Contracting Parties shall consult from time to time to ensure the proper implementation of the provisions of this Agreement and its Annexes. Such consultation shall be initiated within 60 days of the date on which this was requested.
Amendments
1. If one of the Contracting Parties considers that certain provisions of this Agreement need to be amended, it may request consultation of the other Contracting Party; Such consultations, which may be conducted orally or in writing, shall be initiated within 60 days of the date on which the request is made. The amendments thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
2. Amendments to the Annex to this Agreement shall be made by direct agreement between the competent aviation authorities of the Contracting Parties. These changes require confirmation by exchange of diplomatic notes.
Relation to multilateral conventions
If a multilateral convention is concluded in order to bind both Parties, this Agreement and its Annex shall be amended to comply with the provisions of that Convention.
Dispute resolution
If there is a conflict between the Contracting Parties concerning the implementation or interpretation of this Agreement and its Annexes, the Contracting Parties shall endeavour to resolve it by direct negotiation between the aviation authorities; If this negotiation fails, the conflict will be resolved by diplomatic means.
Termination of the Agreement
Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement; the notification will be communicated simultaneously to the International Civil Aviation Organisation. In that event, the Agreement shall expire 6 months after the date on which the other Contracting Party receives notice, unless it is withdrawn by mutual agreement before the expiry of that period. If the other Contracting Party does not confirm receipt of the statement, the resignation shall be deemed to have been delivered 14 days after its adoption by the International Civil Aviation Organisation.
Registration
This Agreement and any amendment thereto shall be notified for registration by the International Civil Aviation Organisation.
Entry into force
This Agreement shall enter into force on the date of the exchange of notes on its approval pursuant to the national provisions of both Parties.
To prove the signed agents who were duly empowered by their governments, they signed this agreement and sealed it.
Dane in Prague on 1 March 1962 in duplicate in Czech and German languages, both texts being equally valid.
For the Government
Czechoslovak Socialist Republic:
Dr. F. Hair Company
For the Federal Government
Republic of Austria:
Dr. H. Calice v. r.
ANNEX
A
The undertaking designated by the Federal Government of the Republic of Austria is entitled to operate air services in both directions on the following specified lines:
1. Places in Austria - Prague.
2. Places in Austria - Prague and so on.
B
The company designated by the Government of the Czechoslovak Socialist Republic is entitled to operate air services in both directions on the following specified lines:
1. Places in the Czechoslovak Socialist Republic - Vienna.
2. Places in the Czechoslovak Socialist Republic - Vienna and beyond.
C
Furthermore, the seats shall be determined at a later date by agreement of the air authorities of the two Contracting Parties.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 70 / 1962 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Austria |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.1962 |
|---|---|
| Effective from | 07.06.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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