Decree of the Minister for Foreign Affairs No. 84 / 1977 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Libya on scheduled air services between and beyond their respective territories
Valid
Effective from 10.08.1977
84
DECLARATION
Minister for Foreign Affairs
of 29 September 1977
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Libya on scheduled air services between and beyond their respective territories
On 17 December 1976, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Libyan Arab Republic on scheduled air services between and beyond their respective territories was signed in Prague. The Agreement entered into force pursuant to Article 17 thereof on 10 August 1977.
The Czech version of the Agreement is hereby published at the same time.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Libya on scheduled air services between and beyond their respective territories
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Libya, hereinafter referred to as the "Contracting Parties', being parties to the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944, wishing to conclude an agreement to establish air services between and beyond their respective territories,
agree as follows:
1. For the purposes 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, provided that those Annexes and amendments have become effective or have been adopted by both Contracting Parties.
(b) The term "Aviation Authority" shall mean, as regards the Government of the Czechoslovak Socialist Republic, the Federal Ministry of Transport and any person or body responsible for carrying out the operations currently carried out by that Office, or similar operations, and as regards the Government of the Republic of Libya, the Director-General of the Civil Aviation Department, the Ministry of Communications and any person or body responsible for carrying out the operations, currently carried out by that Director-General, or similar operations.
(c) The term "designated air undertaking" shall mean an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article 3 of this Agreement.
(d) The terms "territory," "air service," "international air service," "air undertaking" and "landing for non-commercial purposes" shall have the meaning set out in Articles 2 and 96 of the Convention.
(e) The term "capacity" in relation to an aircraft means a useful load on the aircraft used on the route or on its section.
(f) The term "capacity" in relation to a specified air service shall mean the capacity of an aircraft used for such a service multiplied by the frequency operated by such an aircraft during a given period on or on a given route.
(g) The term "Annex" shall mean the Annex to this Agreement, which shall be considered as part of it, and any appeals to this Agreement shall include an appeal to the Annex, unless expressly provided otherwise.
1. Each Contracting Party shall grant to the other Party the rights set out in this Agreement in order to establish regular 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" established lines'.
2. According to the provisions of this Agreement, the air undertaking designated by each Contracting Party shall enjoy the following rights when operating the agreed service on a specified route:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes;
(c) land in that territory at the points specified for this route in the Annex to this Agreement for the purpose of unloading and loading passengers, goods and mail in international transport.
3. The provisions of paragraph 2 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers, goods or mail in the territory of the other Contracting Party to transport to another place in the territory of that other Contracting Party for rent or remuneration.
1. Each Contracting Party may, at its discretion, operate the lines specified in the Annex to this Agreement in whole or in part immediately or at a later date provided that:
(a) The Contracting Party shall designate an air undertaking in writing to the other Contracting Party for the purpose of operating the agreed services on specified lines.
(b) The other Contracting Party shall grant the relevant operating authorisation without delay to the designated airline in accordance with its laws, regulations and regulations.
2. The Air 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 and regulations which it normally and reasonably applies in accordance with the provisions of the Convention in the operation of international air services.
1. Each Contracting Party shall have the right to refuse the designation of an air undertaking and to withdraw or refuse the rights provided for in Article 3 of this Agreement or to impose such conditions as it may deem necessary in the exercise of those rights by an air undertaking in any case where it is not satisfied that a substantial part of the ownership and effective control of the air undertaking belong to the Contracting Party which designates the air undertaking or its nationals.
2. Each Contracting Party shall have the right to refuse an operating authorisation or suspend 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 on the use of such rights such conditions as it deems necessary in the event that the air undertaking does not comply with the laws or regulations of the Contracting Party which provides those rights or in the event that the air undertaking otherwise fails to operate air services under the conditions laid down in this Agreement.
3. If the immediate refusal, suspension or imposition of those conditions is not necessary to prevent further infringements of laws or regulations, this right shall be exercised only after consultation with the other Contracting Party.
4. The rights of the other Contracting Party shall not be affected if they are to be referred to under this Article.
1. The designated airlines of both Contracting Parties will have adequate and equal opportunities to operate the agreed services on specified routes between their respective territories.
2. When operating the agreed services, the designated air undertaking of each Contracting Party shall take into account the interest of the designated air undertaking of the other Contracting Party in such a way as not to adversely affect the services provided by that undertaking on the whole or part of that line.
1. The agreed services provided by the designated airlines of the Contracting Parties will be in close relation to public transport requirements on specified routes and will primarily take into account the provision of capacity corresponding to the normal and reasonably expected passenger, freight and mail requirements between the territory of the Contracting Party determining the air undertaking and the country of destination, with reasonable utilisation of that capacity.
2. Authorisations for the carriage of passengers, goods and mail, both loaded and unloaded on designated lines at points in the territories of States other than the State designated by the airline, shall be granted in accordance with the general principles according to which capacity will be in relation to:
(a) the transport requirements to and from the territory of the Contracting Party which has designated the air undertaking;
(b) the transport requirements of the area covered by the airline, taking into account the air services operated by other States' airlines in that area; and
(c) requirements for direct air traffic.
3. When operating the agreed services, the capacity provided by each designated airline shall be determined by an agreement between the aviation authorities of the two Contracting Parties prior to commencing those agreed services. Any change in the capacity offered will also be determined by agreement of the said aviation authorities following consultation and written confirmation.
1. The laws and regulations of one Contracting Party governing the entry into and exit from its territory of aircraft operating international flights or relating to the operation and flight of such aircraft within its territory shall also be binding on aircraft of an air undertaking designated by the other Contracting Party.
(2) The laws and regulations of one Contracting Party governing the entry into, stay in, transit and exit from its territory for passengers, flight crew members, goods and mail, such as entry, exit, immigration and immigration regulations, as well as customs and health measures, shall be binding on passengers, flight crew members, goods and mail carried by aircraft of a designated air undertaking of the other Contracting Party, if they are located in that territory.
3. The designated aeronautical undertaking of one Contracting Party shall have the right to maintain representation, including commercial, administrative and technical personnel, on the territory of the other Contracting Party, appropriately appropriate to the services performed and in accordance with applicable laws and regulations.
1. The Air Authority of one Contracting Party shall ensure that its designated air undertaking provides to the Air Authority of the other Contracting Party, in sufficient time for the information to be made available, with copies of the schedules and tariffs and any changes thereto, or other relevant data relating to the operation of the agreed services, including capacity data offered and requested by the Aviation Authority, in order to review the implementation of this Agreement if necessary.
2. The air authority of one Contracting Party shall ensure that its designated air undertaking provides the air authority of the other Contracting Party with transport statistics on agreed services indicating, where possible, the origin and destination of such transport.
1. The aircraft of a designated aviation undertaking of each Contracting Party used in the operation of the agreed services as well as their usual equipment, fuel and lubricating oil supplies, spare parts and supplies of aircraft (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection and other charges or charges on arrival in the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. The same benefits and taxes shall also be exempt, with the exception of fees corresponding to the services performed:
(a) the stocks of aircraft taken on board in the territory of each of the Contracting Parties within the limits set by the authorities of the relevant Contracting Party for use on board aircraft carrying out international air services of the other Contracting Party;
(b) spare parts imported into the territory of each Contracting Party for the maintenance or repair of aircraft used in international services by an airline of the other Contracting Party;
(c) fuel and lubricating oil intended for the supply of aircraft performing international services designated by the airline of the other Contracting Party, even if those stocks are used for the part of the journey carried out over the territory of the Contracting Party on which they were taken on board.
The material referred to in subparagraphs (a), (b) and (c) may be required to be under customs control or control.
3. The normal facilities of aircraft, as well as the material and supplies retained on board aircraft of any Contracting Party, may be landed in the territory of the other Contracting Party only with the agreement of the customs office in that territory. In such cases, they may be stored under customs supervision until they are re-exported or otherwise disposed of in accordance with customs legislation.
1. The tariffs used for the carriage of passengers and goods on the agreed services will be set at a reasonable level, taking due account of all necessary factors including the cost of economic operation, reasonable profit, the difference in the characteristics of the service (including average speed and travel arrangements) and the tariffs used by other airlines on the route or part of the route concerned.
2. The tariffs applied by designated airlines to transport on specified routes between the territories of both Contracting Parties or between the territory of a third country and the territory of one of the Contracting Parties shall be determined either:
(a) through the procedures established for this purpose by the International Air Carrier Association, the members of which are designated airlines; or
(b) an agreement between designated airlines where such undertakings are not members of the same organisation or where no tariffs have been set; where a Contracting Party has not designated an air undertaking for one of the specified lines and the tariffs for that route have not been determined in accordance with paragraph 2 (a) of this Article, the air undertaking designated by the other Contracting Party may set tariffs for operating on that line.
3. The tariffs thus established shall be submitted for approval to the air authorities of the two Contracting Parties and shall enter into force upon notification of their approval by those air authorities, or at the end of the 45 days following receipt by those air authorities, unless such notification is given, unless, in the meantime, the air authority of a Contracting Party has notified its opposition.
4. If the tariffs are not set in accordance with paragraph 2 of this Article or if the aviation authority of a Contracting Party disagrees with them, the Contracting Parties shall endeavour to reach agreement and shall do whatever is necessary to implement it.
If the Contracting Parties do not agree, the dispute shall be settled in accordance with Article 12. Until the dispute has been resolved by agreement or the decision has been taken pursuant to Article 12, the relevant airlines shall apply the tariffs to date or, if the tariffs have not yet been determined, they shall use reasonable tariffs.
Each Contracting Party shall provide the designated air undertaking of the other Contracting Party with the right to freely transfer to its head office the surplus of revenue over the expenditure incurred by that air carrier in its territory for the carriage of passengers, goods and mail in an convertible currency at an official conversion rate established in accordance with the rules in force at the time of the transfer requested.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the aviation authorities of the two Contracting Parties. If no agreement is reached between these aviation authorities, the dispute shall be settled by diplomatic means.
1. In a spirit of close cooperation, the aviation authorities of both Contracting Parties shall consult as necessary on the establishment and satisfactory implementation of the provisions of this Agreement and its Annexes.
2. Each Contracting Party may request consultations to be initiated within 60 (60) days of the date of receipt of the request unless both Parties agree to extend this period.
1. If a Contracting Party considers it desirable to amend any of the provisions of this Agreement, it may request consultations between the air authorities of both Contracting Parties and in this case such consultations shall commence within 60 (60) days of the date of the request. The amendments thus agreed shall enter into force following an exchange of diplomatic notes confirming that the amendments have been approved in accordance with their constitutional requirements.
2. If an aviation authority of both Contracting Parties considers it desirable to amend the provisions of the Annex to this Agreement, it may request consultations between those authorities and in this case such consultations shall commence within 60 (60) days of the date of the request. Amendments to the Annex to this Agreement, agreed between these authorities, may be provisionally implemented from the date agreed by the air authorities and shall enter into force upon their confirmation by exchange of diplomatic notes.
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement; the notification will be communicated simultaneously to the International Civil Aviation Organisation. In such a case, this Agreement shall expire 12 (12) months after the date of receipt of the notification by the other Contracting Party, provided that the notice of termination is not withdrawn by mutual agreement before the expiry of that period. If the receipt of the statement is not confirmed by the other Party, the statement shall be deemed to have been received 14 (14) days after receipt by the International Civil Aviation Organisation.
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organisation.
This Agreement shall enter into force by exchanging diplomatic notes from the Contracting Parties confirming that the Agreement has been approved in accordance with their constitutional requirements.
Dane in Prague on 17 December 1976 in two copies in Czech, Arabic and English, each text being equally authentic. In the event of a dispute over the interpretation or application of the Agreement, the English text will be decisive.
To prove the signed agents, duly empowered by their governments, signed this Agreement and secured it with their seals.
For the Government of the Czechoslovak Socialist Republic:
Pravoslav Kalický v. r.
For the Government of the Republic of Libya:
Marei Mohammad Buzakuk v. r.
ANNEX
Lines to be operated in both directions by an airline of the Government of the Czechoslovak Socialist Republic:
| Místa odletu | Mezilehlé body | Určení | Body za |
|---|---|---|---|
| Body v ČSSR | Budou určeny později | Bod v LAR | Budou později určeny |
Lines to be operated in both directions by a designated airline of the Government of the Arab Republic of Libya:
| Místa odletu | Mezilehlé body | Určení | Body za |
|---|---|---|---|
| Body v LAR | Budou určeny později | Bod v ČSSR | Budou později určeny |
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 84 / 1977 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Libya on scheduled air services between and beyond their respective territories |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.1977 |
|---|---|
| Effective from | 10.08.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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