Communication from the Ministry of Foreign Affairs No. 81 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Kingdom of the Netherlands on air services between and beyond their territories
Valid
International Treaty
Effective from 01.12.1993
Text versions:
13.05.1994
81
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 the Kingdom of the Netherlands on air services between and beyond their territories was signed in Prague on 11 August 1993.
The Agreement entered into force in accordance with its Article 22 (1) on 1 December 1993. This date expired the Agreement between the Czechoslovak Republic and the Kingdom of the Netherlands on Air Services of 1 September 1947.
The Czech translation of the Agreement is announced simultaneously. The English version of the Agreement, which is relevant for its interpretation, can be consulted by the Ministry of Foreign Affairs and the Ministry of Transport.
AGREEMENT
between the Government of the Czech Republic
and the Government of the Kingdom of the Netherlands
o
air services between and beyond their territories
Government of the Czech Republic and Government of the Kingdom of the Netherlands ("the Contracting Parties')
being parties to the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944;
led by the desire to bring progress to international civil aviation;
led by the desire to conclude an Agreement with a view to establishing air services between and for their territories,
agree as follows:
Definition of terms
For the purposes of this Agreement and its Annexes, 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 any Annex adopted pursuant to Article 90 of this Convention and any amendment to the Annexes or to the Convention referred to in Articles 90 and 94 thereof where those Annexes and amendments have become applicable to or have been ratified by both Parties;
(b) the term "aviation authorities" means the Ministry of Transport for the Czech Republic, the Minister for Transport, Public Works and Water Management for the Kingdom of the Netherlands; or in both cases any person or authority in charge of carrying out functions currently carried out by that ministry or minister;
(c) the term "designated air carrier" means an air undertaking which has been designated and authorised in accordance with Article 3 of this Agreement;
(d) the term "territory" in relation to a State shall have the meaning set out in Article 2 of the Convention;
(e) the terms "air service," "international air service," "air undertaking" and "landing for non-commercial purposes" have the meaning set out in Article 96 of the Convention;
(f) the terms "agreed services" and "specified lines" shall mean international air services as referred to in Article 2 of this Agreement and the lines set out in the relevant part of the Annex to this Agreement;
(g) the term "stocks" means goods for use or sale on board an aircraft, including food, during flight;
(h) the term "Agreement" shall mean this Agreement, its Annex, drawn up for its implementation and any additions thereto or the Annex referred to in Article 16 thereof;
(i) the term "tariff" shall mean any charges levied and fixed by airlines to be paid directly or through agents, to any person or organisation for the carriage of passengers (and their baggage) and goods (except mail) intended for air transport, including:
I. conditions determining the suitability and applicability of the tariff; and
II. charges and conditions for any ancillary services for such carriage offered by airlines;
(j) the term "Computer reservation and distribution system" means a computer system containing information on the flight schedules of an air carrier, seat capacity, fares and associated services through which reservations and / or the issuing and selling of tickets, some or all of which are carried out by travel agencies, may be made.
Provision of transport rights
1. Each Contracting Party shall, except as indicated in the Annex, grant the following international air traffic rights to the designated air carrier (s) of the other Contracting Party:
(a) the right to fly through the territory of the other Contracting Party without landing;
(b) the right to land on its territory for commercial purposes, and
(c) when operating the agreed services on specified lines, the right to make stops in their territory for the purpose of loading or unloading passengers, goods and mail, separately or in combination.
2. Nothing in paragraph 1 of this Article shall be construed as conferring rights on an air undertaking of one Contracting Party to participate in air transport between points within the territory of the other Contracting Party.
Identification and operational authorisations of airlines
1. Each Contracting Party shall have the right by written notification to the other Contracting Party by diplomatic means to designate one or more airlines to operate air services on the lines set out in the Annex and to replace the initially designated airline by another airline.
2. As soon as each Contracting Party has received such notification of designation, it shall immediately grant to the air undertaking (s) so designated by the other Contracting Party the relevant operating authorisation in accordance with the provisions of this Article.
3. Upon receipt of the operating authorisation referred to in paragraph 2 of this Article, the designated air undertaking may operate the agreed services at any time, in part or in full, provided that it complies with the provisions of this Agreement and that the tariffs for such services have been set in accordance with the provisions of Article 5 of this Agreement.
4. Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph 2 of this Article to a designated air undertaking or to grant it under conditions which it considers necessary for the exercise of the rights set out in Article 2 of this Agreement, unless it is satisfied that a substantial part of the ownership and actual management of that air undertaking belongs to the Contracting Party which designated it or its nationals, or both.
Withdrawal and revocation of authorisation
1. The air authority of each Contracting Party shall have the right to revoke the authorisation referred to in Article 3 to a designated air undertaking of the other Contracting Party, revoke or suspend such authorisation or impose conditions where:
(a) the aviation authority of that Contracting Party finds that such an air undertaking has infringed the laws and regulations normally and appropriately applied by that authority in accordance with the Convention;
(b) the airline has infringed the laws and regulations of the State of that Contracting Party;
(c) it is not convinced that a substantial part of the ownership and actual proceedings belong to a designated carrier of that Contracting Party or its nationals; and
(d) the airline does not operate in accordance with the conditions laid down in this Agreement.
2. This right referred to in paragraph 1 of this Article shall be exercised only after consultation with the aviation authority of the other Contracting Party, unless immediate action is necessary to prevent further infringements of the laws and regulations referred to in paragraph 1 of this Article. Unless otherwise agreed by the Parties, consultations shall commence within 60 (60) days of the date of receipt of such a request.
Tariffs
1. The tariffs applied by the designated airline of a Contracting Party to transport between the territories of their States shall be approved by the aviation authorities of the two Contracting Parties and shall be set at a reasonable level, taking into account all relevant factors, including operating costs, reasonable profit, and the charges of other airlines for any part of the lines specified.
2. The tariffs referred to in paragraph 1 of this Article shall, as far as possible, be agreed by designated airlines in accordance with the procedures of the International Air Transport Association. If this is not possible, the tariffs will be agreed between the designated airlines. In any case, tariffs shall be subject to the approval of the air authorities of both Contracting Parties.
3. All such agreed tariffs shall be submitted to the aviation authorities of the two Contracting Parties for approval at least 60 (60) days before the proposed date of their introduction, except where those aviation authorities agree to shorten this period in specific cases.
4. Consent to tariffs can be given explicitly. These tariffs shall be deemed to be approved if none of the aviation authorities has expressed its opposition to the proposed tariffs within 30 (30) days of the date of submission in accordance with paragraph 3 of this Article. Where the submission period is reduced in accordance with paragraph 3 of this Article, the aviation authorities may agree that the period during which any disagreement must be notified shall also be reduced accordingly.
5. If it is not possible to agree a tariff in accordance with paragraph 2 of this Article, or if, at the time provided for in paragraph 4 of this Article, one aviation authority notifies the other air authority of its opposition to any tariff agreed in accordance with the provisions of paragraph 2 of this Article, the aviation authorities shall endeavour to establish a tariff by mutual agreement.
6. If the air authorities are unable to agree on a tariff submitted to them pursuant to paragraph 3 of this Article or on a tariff determination pursuant to paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.
7. The tariffs agreed in accordance with the provisions of this Article shall be valid until new tariffs are agreed.
8. Air undertakings of both Contracting Parties may not set tariffs different from those approved in accordance with the provisions of this Agreement.
Business activities
1. Designated airlines of both Contracting Parties shall be permitted:
(a) establish, in the territory of the State of the other Contracting Party, offices for the acquisition of air transport and the sale of transport documents as well as other activities required for the conduct of air transport;
(b) carry out, directly and at the discretion of the airline, sales of air transport through agents within the territory of the State of the other Contracting Party, on the basis of reciprocity.
2. The designated air undertaking (s) shall be authorised to establish and maintain in the territory of the other Contracting Party the commercial, operational and technical personnel it needs for air transport.
3. The requirements for such personnel may be satisfied, at the request of the designated air undertaking (s), by its own staff or by the use of the services of any other organisation, company or airline operating in the territory of the State of that other Contracting Party and authorised to carry out such services in the territory of that Contracting Party.
4. Such activities shall be carried out in accordance with the laws and regulations of the State of the other Contracting Party.
Conditions of fair competition
1. The designated airlines of both Contracting Parties will have a fair and equal opportunity to participate in international air transport covered by this Agreement.
2. Each Contracting Party shall take appropriate measures within its jurisdiction to eliminate all forms of discrimination or virtually unfair competition adversely affecting the competitive position of the other Contracting Party's air undertaking.
(3) The designated airline (s) of one Contracting Party shall take into account the interests of the designated airline (s) of the other Contracting Party which operates the same route when operating the designated routes. The primary measure will be the satisfaction and expected transport demand of passengers, goods and / or mail on specified lines.
Flight schedules
1. The air undertaking designated by each Contracting Party shall submit for approval to the air authority of the other Contracting Party, at least forty-five (45) days in advance, the flight schedule of the lines it intends to operate, with a frequency, aircraft type, configuration and number of seats available to the public.
2. An application for authorisation to operate additional flights shall be submitted by the designated air carrier for approval directly to the air office of the other Contracting Party.
Customs duties and taxes
1. Aircraft used for the operation of international air services by a designated air carrier (s) of one Contracting Party as well as their normal cabin equipment, spare parts, fuel and lubricating oil, aircraft supplies (including food, beverages and tobacco) carried on board such aircraft, as well as recruitment and promotion material carried on board that aircraft, shall be exempt from all customs duties, inspection fees and similar national or local charges and taxes, upon arrival on the territory of the other Contracting Party, provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. For the usual equipment, spare parts, fuel and lubricating stocks and supplies carried on board an aircraft carried on board an aircraft which is brought into the territory of a Contracting Party by a designated air carrier of the other Contracting Party or carried on board an aircraft operated by that designated air carrier and intended exclusively for use on board an aircraft carrying out international air services, no taxes or charges shall be levied, including customs duties and inspection fees introduced in the territory of the first Contracting Party, even if such supplies are to be used on parts of a journey operated through the territory of the Contracting Party on which they were taken on board.
Materials listed above may be required to be under customs control or control.
The provisions of this Article cannot be interpreted in such a way that a Contracting Party should be obliged to refund to the designated airline (s) the relevant customs duties already levied for the items mentioned above.
3. The normal on-board equipment, spare parts, fuel and lubricating supplies and the stocks carried on board the aircraft of the first Contracting Party may be landed in the territory of the State of the other Contracting Party only with the agreement of the customs office of that Contracting Party which may require the placing under its supervision of such materials until they are exported or otherwise disposed of in accordance with the customs legislation.
Double taxation
The Parties will proceed in accordance with the provisions of the Agreement between the Czechoslovak Socialist Republic and the Kingdom of the Netherlands on the avoidance of double taxation and the prevention of tax evasion in the field of income and property taxes signed in Prague on 4 March 1974.
Transfer of revenue
1. The designated airline (s) of one Contracting Party shall freely sell air transport services on the territory of the State of the other Contracting Party either directly or through agents.
2. The designated airline of that Contracting Party will be free to transfer revenue surpluses over expenditure from the territory where the sale took place under the rules applicable to the exchange of money to its State.
Such transfer of excess revenue over expenditure shall include, in the revenue part, revenue from the sale of air services, ancillary and ancillary services, carried out directly or through agents, and from normal commercial interest obtained from such revenue for the period during which it is deposited for the expected transfer prior to its execution.
3. The designated aeronautical undertaking (s) of the Contracting Parties shall receive consent to such transfer in freely convertible currency no later than 30 (30) days after the request, at the official exchange rate for the exchange of the local currency on the date on which the request was made. The transfer shall take place immediately upon receipt of the consent.
Application of laws, regulations and procedures
1. The laws, regulations and procedures of one Contracting Party governing the entry or exit of an aircraft operating international air services or relating to the operation and flight of such aircraft shall be complied with by that designated air undertaking of the other Contracting Party when entering, leaving and operating in that territory.
2. The laws, regulations and procedures of one Contracting Party governing immigration, passports or other approved travel documents, entry, residence in the territory, customs duties and medical measures applicable to crew, passengers, goods and mail carried by aircraft of a designated air undertaking of the other Contracting Party shall be complied with upon entry and until departure from the territory of that Contracting Party.
3. Passengers, baggage and goods in direct transit through the territory of the State of the other Contracting Party and not leaving the airport for that purpose shall be subject to a simplified check, except for security measures against violence and air piracy.
Luggage and goods in direct transit shall be exempt from customs and other similar charges.
4. The fees levied on the territory of the State of the other Contracting Party, using airports and other facilities in the territory of the State of the first Contracting Party, shall not be higher than those levied on the operation of any other airline operating similar services.
5. None of the Contracting Parties shall favour any other air undertaking over the designated airline of the other Contracting Party in applying customs, immigration, health and similar rules or in using the airports, air routes and air traffic management services and other related services it manages.
Recognition of certificates and certificates
Airworthiness certificates, diplomas and certificates issued or endorsed as valid by one Contracting Party shall be recognised by the other Contracting Party as valid for the purpose of operating agreed services on specified routes, provided that such certificates and certificates have been issued or confirmed as valid in accordance with standards issued under the Convention. However, each Contracting Party reserves the right to refuse to recognise diplomas and cards issued by the other Contracting Party to fly over its territory.
Civil aviation security
1. The Contracting Parties shall proceed in accordance with the provisions of the Convention on the Crime and 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 in December 1970, the Convention on the Suppression of Illegal Acts to the Protection of Civil Aviation Security, signed in Montreal on 23 September 1971, as they are parties to those conventions.
2. The Contracting Parties shall, upon request, 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, and any other threat to civil aviation safety.
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 Annexes to the Convention to the extent that those security provisions are in force for the Parties; require that 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 act in accordance with those provisions on civil aviation security.
4. The Contracting Parties agree that these aircraft operators may be required to comply with the provisions on civil aviation security referred to in paragraph 3 above and required by the other Contracting Party for entry, exit and residence on its territory.
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. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the provisions on civil aviation security of this Article, the Aviation Authority of that Contracting Party may request the Air Authority of the other Contracting Party to conduct consultations without delay.
Unless otherwise agreed by the Parties, such consultations shall commence within 60 (60) days of the date of receipt of such a request.
Computer reservation and distribution sales system
1. The Parties agree that:
(a) the interest of customers in air transport shall be protected against any misuse of information, including misleading presentation;
(b) the air undertaking designated by the Contracting Party and the agents of the air undertaking shall have non-restrictive and non-discriminatory access to the use of the computerised reservation and distribution system in the territory of the other Contracting Party;
(c) for the regulation and operation of computer and distribution sales systems, measures taken in the territory of the States of the relevant Contracting Parties shall apply.
2. The Contracting Party shall grant the designated airline free and unlimited access to the selected computer reservation and distribution sales system as the primary system of the designated air undertaking (s) of the other Contracting Party in its territory. No Contracting Party shall apply or promise to apply more stringent requirements to the computer reservation and distribution sales system chosen by the designated airline (s) of the other Contracting Party in its territory than those applied to distribution systems for its own airlines.
Consultations and changes
1. In the spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult from time to time, taking into account the security of their implementation and satisfactory compliance with the provisions of this Agreement.
2. Each Contracting Party may request consultations on the amendment of this Agreement or its Annexes. Such consultations shall begin within 60 (60) days from the date on which one Contracting Party receives the request of the other Contracting Party, unless otherwise agreed. Such consultations may be conducted by negotiation or in writing.
3. Any amendments to this Agreement, agreed between the Parties, shall enter into force after the exchange of diplomatic notes.
4. Any amendments to the Annex to this Agreement shall be agreed in writing between the aviation authorities and shall enter into force on the date specified by those authorities.
Settlement of disputes
1. Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the aviation authorities of both Parties. If the aviation authorities do not reach an agreement, the dispute will be settled by diplomatic means.
2. If the Parties fail to resolve the dispute by negotiation, the dispute may, at the request of either Party, be submitted to the arbitration panel of three arbitrators; one of them shall be appointed by each Contracting Party and the third shall be agreed between two arbitrators so selected, provided that the third arbitrator is not a national of any Contracting Party. Each Party shall designate an arbitrator within a period of 60 days from the date of receipt of the diplomatic note of one Contracting Party by the other Party requesting an arbitration settlement and a third arbitrator shall be agreed within a further 60 days. If either Party fails to identify its own arbiter within 60 days or if the third Arbiter is not agreed within the specified deadline, either Party may request the President of the Council of the International Civil Aviation Organisation to appoint arbiters or arbiters. The costs of arbitration proceedings shall be distributed proportionally between the Parties.
3. The Contracting Parties shall comply with any decision taken pursuant to paragraph 2 of this Article.
Termination
Each Contracting Party may at any time notify the other Party, by diplomatic means, of the decision to terminate this Agreement. This 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, unless that notice of termination is withdrawn before the expiry of that period. In the event that the receipt of the notification is not confirmed by the other Party, the notification shall be deemed to have been received 14 days after its receipt by the International Civil Aviation Organisation.
Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation.
Application of multilateral agreements
1. The provisions of the Convention shall apply to this Agreement.
2. If any multilateral convention enters into force concerning any matter enshrined in this Agreement adopted by both Contracting Parties, the relevant provisions of the existing Agreement shall be replaced by the corresponding provisions of this Convention.
Scope
With regard to the Kingdom of the Netherlands, this Agreement will only apply to the Kingdom of Europe.
Entry into force
1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties informed each other in writing that the constitutional formalities required in the relevant States have been completed.
2. After the entry into force, this Agreement will replace the Agreement between the Czechoslovak Republic and the Kingdom of the Netherlands on Air Services, signed in Prague on 1 September 1947.
In order to prove this, the agents authorised by their respective governments have signed this Agreement.
Dane in Prague on 11 August 1993 in duplicate, in English.
For the Government of the Czech Republic:
Ing. I. Foltýn v. r.
Deputy Minister for Transport
For the Government of the Netherlands
Kingdom:
H. J. Heinemann v. r.
Ambassador to the Czech Republic
ANNEX
Line plan for the Air Services Agreement between the Czech Republic and the Kingdom of the Netherlands
1. The designated airline (s) of the Czech Republic will be able to operate air services on the following routes: points in the Czech Republic - intermediate points - points in the Netherlands - points in a vice versa.
2. The designated airline (s) of the Kingdom of the Netherlands will be able to operate air services on the following routes: points in the Netherlands - intermediate points - points in the Czech Republic - points in a vice versa.
1. Some or all of the points on the designated routes may be omitted by the designated airline at the discretion of any or all of the years.
2. The designated airlines of the Czech Republic and the Kingdom of the Netherlands will be able to operate on routes listed above without limitation of frequencies and aircraft type in any configuration.
3. Capacity on agreed services operated by designated airlines shall be agreed between the aviation authorities of the two Contracting Parties on the basis of the principle of equal and equal opportunities.
4. Each designated airline shall have the right to exercise fully the fifth freedom rights on all intermediate points and on the points behind their respective designated routes.
5. However, a designated aviation undertaking of one Contracting Party shall not have the right to exercise the rights of the fifth freedom at points on which the designated aviation undertaking of the other Contracting Party exercises the rights of third and fourth freedoms, unless:
(a) the aviation authorities of both Contracting Parties have agreed otherwise; or
(b) the airlines concerned have concluded trade arrangements.
In the event that a designated aeronautical undertaking of one Contracting Party exercises its fifth freedom rights on the section in which the designated aeronautical undertaking of the other Contracting Party starts exercising its third and fourth freedoms during the IATA period, the first designated airline shall be allowed to continue exercising its fifth freedom rights until the end of the IATA period.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 81 / 1994 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Kingdom of the Netherlands on air services between and beyond their territories |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.05.1994 |
|---|---|
| Effective from | 01.12.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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