Decree No. 86 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport
Valid
Effective from 29.06.1987
86
DECLARATION
Minister for Foreign Affairs
of 2 October 1987
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States on Air Transport
The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport was signed in Prague on 29 June 1987. The Agreement entered into force on the date of signature, on the basis of Article XIX thereof. This date expired the Air Transport Agreement between the Czechoslovak Socialist Republic and the United States of America of 28 February 1969, published in the Official Journal of the European Union No 60 / 1969 Coll.
The Czech version of the Agreement is hereby published at the same time.
First Deputy:
JUDr. Johanes v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport
The Government of the Czechoslovak Socialist Republic and the Government of the United States of America,
Wishing to conclude an agreement to develop air transport relations between the Czechoslovak Socialist Republic and the United States of America for their mutual benefit,
led by the desire to ensure the highest level of safety and protection in international air transport and reaffirming its serious concern about the actions or threats to the safety of aircraft that threaten the safety of persons or property adversely affect the operation of air transport and undermine public confidence in civil aviation safety,
being parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944,
they have agreed as follows:
(Definitions)
(1) "Agreement" means this Agreement, including the attached List of Lines and Annexes and any amendments thereto.
(2) "Aviation Authorities" means, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport, the Civil Aviation Department and as regards the United States of America, the Ministry of Transport or, in both cases, any other person or body responsible for carrying out the tasks currently carried out by those authorities.
(3) "Designated airline" means an air undertaking designated by one Contracting Party in writing as an air undertaking to operate the services provided for in this Agreement.
(4) "Convention" means the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944.
(5) The terms "territory," "air service," "international air service" and "landing for non-commercial purposes" have the meanings set out in the Convention.
(6) "Price" means:
(a) any fare, rate or price fixed or to be fixed by the airlines or their sales agents and the conditions governing the applicability of such fare, rate and price;
(b) the fees and conditions for ancillary services in the course of transport offered by airlines; and
(c) the amounts determined by the airlines to air transport intermediaries;
for the carriage of passengers (and their baggage) and / or cargo (except mail) in air transport.
(Granting of rights)
(1) Each Contracting Party grants the other Contracting Party the following rights to carry out international air transport by air undertakings of the other Contracting Party:
(a) the right to fly without landing through its territory;
(b) the right to land in its territory for non-commercial purposes;
(c) the rights otherwise provided for in this Agreement.
(2) Paragraph (1) of this Article shall not be regarded as conferring the right to participate in air transport between points within the territory of the other Contracting Party.
(Identification of airlines)
(1) Each Contracting Party has the right to designate in writing to the other Contracting Party an air undertaking or airlines to operate the services provided for in this Agreement.
(2) Upon receipt of a written designation, the other Contracting Party shall grant the relevant operating authorisation with a minimum administrative delay to the designated airline.
(appeal)
(1) Each Contracting Party shall have the right to revoke or revoke operating authorisations or technical authorisations or to suspend the exercise of the rights set out in Article II of this Agreement by an air undertaking or by airlines designated by the other Contracting Party or to impose conditions for the use of such rights which it considers necessary:
(a) in the event that the airline does not demonstrate its competence to the air authorities of the other Contracting Party under the laws and regulations which those authorities normally apply to the operation of international air services;
(b) in the event that the airline does not comply with the laws and regulations referred to in Article V of this Agreement;
(c) where it is not satisfied that a substantial part of the ownership and effective control of that air undertaking belong to a Contracting Party designating an air undertaking or nationals of that Contracting Party; or
(d) in the case where an air undertaking or other Contracting Party fails to comply with any of the provisions of Article VII or VIII of this Agreement.
(2) Where the immediate revocation or revocation of an operating authorisation or technical authorisation, suspension of the use of rights or imposition of the conditions referred to in paragraph (1) of this Article is not necessary to prevent further offences, such procedure shall be applied only after consultation with the other Contracting Party.
(Use of laws)
(1) The laws and regulations of one Contracting Party governing the entry into and exit from, or the operation and flight of aircraft within, the territory of one Contracting Party shall also apply to aircraft of an air undertaking or of an air undertaking designated by the other Contracting Party and shall be complied with on entry or exit and operation in the territory of the first 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, crew members, goods or mail on an aircraft, including the rules concerning entry, handling, arrival, passports, customs and quarantine, shall be complied with by the air undertaking or airlines of the other Contracting Party during the entry or exit period and, if located in the territory of the first Contracting Party.
(Customs duties and charges)
In order to ensure equal treatment and facilitate the operation of international air services agreed by the Parties, both Parties agree to the exemptions referred to in this Article:
(1) Mutual exemptions from economic import restrictions and limits as well as mutual exemptions from all State customs duties and other taxes, levies and charges imposed by State authorities not corresponding to the costs of the services provided. These exemptions will apply to:
(a) aircraft of airlines of the other Contracting Party operating in international air transport; and
(b) usual equipment, ground equipment, spare parts (including engines), fuel, lubricating oil, technical supplies for consumption, aircraft stocks (items of a consumable nature including, but not limited to, food, beverages, liqueurs, tobacco and other products prepared for sale or use by passengers during flight) intended and used only for the operation of such aircraft, provided that these items are:
(i) taken over or delivered to the territory of the other Contracting Party for the operation or operation of aircraft, whether or not those items are consumed entirely in the territory of the Contracting Party granting the exemption; or
(ii) kept on board an aircraft of an airline of one Contracting Party from arrival to departure from the territory of the other Contracting Party.
(2) The equipment and supplies referred to in paragraph (1) of this Article may be required to be under the supervision and control of the competent authorities.
(3) The exemptions provided for in paragraph (1) of this Article will also apply where the airlines of one Contracting Party have agreed with another undertaking in the territory of the other Contracting Party which enjoys such exemptions from the other Contracting Party to lend or transfer the items referred to in paragraph (1) of this Article.
(4) For the items referred to in paragraph (1) of this Article and used by the airlines of the Contracting Parties only in respect of their own services, those airlines shall be exempt from economic export and transit restrictions on a reciprocal basis.
(5) Passengers in direct transit through the territory of a Contracting Party, not leaving a part of an airport reserved for such purposes, will be subject to simplified control. Luggage and cargo shall be exempt from customs duties and other charges where they are in direct transit.
(Security)
(1) Each Contracting Party shall recognise as valid for operating purposes under this Agreement certificates of airworthiness, diplomas and certificates issued or endorsed by the other Contracting Party as valid and still valid, provided that the requirements for such certificates or certificates are at least equal to the minimum standards that may be established under the Convention. However, each Contracting Party may refuse to recognise diplomas and cards issued or certified as valid to its own nationals by the other Contracting Party as valid for the purpose of flying its own territory.
(2) Each Contracting Party may request consultations on safety standards maintained by the other Contracting Party relating to aeronautical equipment, crew, aircraft and operations of designated airlines. If, after such consultations, one Contracting Party finds that the other Contracting Party ineffectively maintains and provides safety standards and requirements in the designated areas which are at least equal to the minimum standards which may be established under the Convention, the other Contracting Party shall notify those findings and the steps deemed necessary to comply with those minimum standards and the latter Party shall take appropriate corrective action. Failure to implement such an appropriate measure shall be a basis for the application of Article IV of this Agreement.
(Civil aviation security)
(1) In accordance with their rights and obligations under international law, the Contracting Parties reaffirm their mutual obligation to protect civil aviation safety against acts of unlawful interference which form an integral part of this Agreement. Without prejudice to the general validity of their rights and obligations under international law, the Contracting Parties shall, in particular, act in accordance with the provisions of the Convention on criminal offences and certain other acts committed on board an aircraft, signed in Tokyo on 14 September 1963, the Convention for the Suppression of Illegal Empowerment of Aircraft, signed in The Hague on 16 December 1970 and the Convention for the Suppression of Illegal Acts threatening civil aviation security, signed in Montreal on 23 September 1971.
(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, as well as other threats 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 the Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties; require operators of aircraft registered or having a principal place of business or a permanent place of business in their territory as well as airport operators in their territory to act in accordance with those provisions on civil aviation security. Each Contracting Party shall provide the other Party in advance with information on its intention to notify any derogation from the standards on civil aviation security established by the International Civil Aviation Organisation.
(4) Each Contracting Party agrees that aircraft operators may be required to comply with the provisions on civil aviation security required by the other Contracting Party for entry into the territory of that other Contracting Party and to take appropriate measures to protect aircraft and to control passengers, crews, their hand baggage, cargo and aircraft supplies before and during boarding or loading.
(5) Each Contracting Party shall, with the participation, assess any request by the other Contracting Party for special security measures to address an individual threat.
(6) Where an incident or threat of an incident involving unlawful seizure of a civil aircraft or other illegal acts against the safety of such aircraft, its passengers and crew, airports or air navigation equipment occurs, the Contracting Parties shall assist each other by facilitating the transmission of messages and other relevant measures aimed at the speedy and secure termination of such incidents or threats.
(7) Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the provisions on civil aviation security under this Article, that Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement within 15 (15) days of the date of the request for consultation or in the event of an urgent threat to civil aviation security shall be the basis for the application of Article IV of this Agreement.
(User fees)
Each Contracting Party may impose or allow correct and proportionate charges for the use of aerodromes and other facilities under its control. These fees will not be higher than those paid for use by foreign aircraft or national aircraft operating similar international services.
(Business opportunities)
In accordance with the provisions of the Annex:
(1) The sale of air transport by air undertakings designated by one Contracting Party in the territory of the other Contracting Party shall be carried out in accordance with the rules in force in the territory of the other Contracting Party, provided that:
(a) Each Contracting Party shall exempt, on the basis of reciprocity, designated airlines of the other Contracting Party from State taxes on profits and income derived from the performance of services under this Agreement;
(b) Each designated aviation undertaking has the right to transfer, without delay, the earnings earned in the territory of the other Contracting Party to its territory in any freely convertible currency in accordance with the provisions of the Annex.
(2) The designated airlines of one Contracting Party may establish offices within the territory of the other Contracting Party, subject to the prior approval of the air authorities. Those air undertakings may, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, bring and retain at a flown point in the territory of the other Party their management, marketing, operational and other professional personnel required for air transport security.
(Capacity)
In accordance with the provisions of the Annex:
(1) Air undertakings of both Contracting Parties will have an adequate and equal opportunity to operate any line covered by this Agreement.
(2) When operating the air services provided for in this Agreement, the airlines of each Contracting Party shall take account of the interests of the airlines of the other Contracting Party so as not to interfere in an inappropriate manner with the services provided by those airlines on the same lines or parts of the same line.
(3) Air services provided by designated airlines of the Contracting Parties to the public when operating under this Agreement will be closely related to public demand for such services.
(4) The priority objective of the services of the designated air undertaking under this Agreement shall be to provide the capacity of adequate transport demand between the country to which the air undertaking belongs and the countries of final destination. The right to load or land on such routes and at the place (s) of the routes provided for in this Agreement for international transport to or from third countries shall be exercised in accordance with the general principles of orderly development shared by both Parties and shall be subject to the general principle that capacity is to be consistent with:
(a) the transport demand between the country of origin and the countries of final destination of the shipment;
(b) the requirements for the operation of long-distance lines; and
(c) transport demand in the area covered by the air route, taking into account local and regional services.
(5) No Contracting Party shall restrict the air undertaking of the other Contracting Party with regard to capacity, frequency, flight schedules or type of aircraft used when operating services on any line specified in the List of Lines of this Agreement. In the event that one Contracting Party considers that the operation of an air undertaking of the other Contracting Party does not take place in accordance with the standards and principles referred to in paragraphs (1), (2), (3) or (4) of this Article, it may request consultations pursuant to Article XIV of this Agreement to assess the operation in question in order to determine whether it complies with those standards and principles.
(Determination of prices)
(1) Each Contracting Party will allow international air transport prices to be determined by each designated airline on the basis of a commercial market assessment. The intervention of the Contracting Parties shall be limited to a barrier to unduly discriminatory prices; the protection of users from prices unduly high or restrictive by abuse of a dominant position; and the protection of airlines from artificially low prices due to direct or indirect state subsidy or aid. Where a Contracting Party considers that the price justifies intervention under the specific criteria described above, it shall notify the other Contracting Party in accordance with paragraph 4. If the Contracting Party conforms to the communication clause referred to in paragraph (4), it may then commence operations to prevent the introduction of such a price, but only in respect of transport where the first place of the travel plan (as indicated in the document authorising air transport) is situated in its own territory.
(2) Where both Contracting Parties allow designated airlines to participate in coordination pricing activities within the International Air Carrier Association (IATA) or any other tariff for the coordination forum of airlines, and where both Contracting Parties have approved for any IATA market or other tariff agreement between airlines, the prices declared by designated airlines under the Agreement thus approved for the markets covered by the Agreement shall be approved by both Contracting Parties. However, where any designated airline decides not to accede to such an agreement, the prices used or proposed to be used by that airline shall be assessed in accordance with the objectives and procedures contained in this Article; If any airline fails to participate in a price coordination activity or does not comply with any price under IATA or any other air undertaking tariff agreement, this shall not in itself constitute a valid reason for any Contracting Party not to approve the price.
(3) Each Contracting Party may request that the prices or prices proposed to be used for transport to or from its territory by a designated air carrier of the other Contracting Party be registered with its Aviation Authority. Application of air undertakings from both Contracting Parties may be requested no more than 30 (30) days before the proposed date of entry into force. In individual cases, the contracting party may allow the check-in to be made within a shorter period than is normally required. Where a Contracting Party allows an airline to enter a price within a reduced period, that price shall become effective for transport commencing in the territory of that Contracting Party at the proposed date.
(4) If one Contracting Party believes that the price proposed by the designated airline of the other Contracting Party for international air transport between the territories of the Contracting Parties or the air undertaking of the other Contracting Party for international air transport between the territory of the first Contracting Party and the third country, including in both cases transport on different lines or on its own network of lines, is incompatible with the circumstances referred to in paragraph (1) of this Article, it shall notify the other Contracting Party as soon as possible of its disagreement, but in any case not later than 15 (15) days before the proposed entry into force. Thereafter, each Contracting Party may request consultations to be held as soon as possible, but in no case later than 30 (30) days after the date of receipt of the notification of disagreement. The Parties shall cooperate on a permanent basis in ensuring the information necessary for a reasoned decision on the matter. If the notice of opposition is not submitted as specified in this paragraph, the price shall be deemed to have been approved and shall become valid on the proposed date.
(5) If the Contracting Parties reach an agreement on the price for which the notification of opposition has been lodged, each Contracting Party shall endeavour to bring this Agreement into force.
(6) Notwithstanding paragraphs (1) and (4) of this Article, each Contracting Party shall allow (a) any air undertaking of each Contracting Party to meet the level of any price for scheduled or charter services, including price combinations, used on the international air transport market between the territories of the Contracting Parties and (b) any air undertaking of one Contracting Party to use the price for scheduled or charter services, including price combinations, used on the international air transport market between the territory of the other Contracting Party and a third country. The term "comply ', used in this text, means the right to continue or introduce, taking into account the immediate situation, and, where necessary, when using procedures for rapid execution, the same or similar price or price achieved by a combination of prices on a direct line or a combination of prices used on different lines or on an own network of lines, regardless of the differences in the conditions relating to routing, distance, time, connections, aircraft type, arrangement or change of aircraft, but without limitation only to such circumstances.
(ICAO registration)
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organisation.
(Consultation)
Each Contracting Party may at any time request consultations with the competent authorities of the other Contracting Party on questions relating to the interpretation, implementation or amendment of this Agreement. Such consultations shall begin within 60 (60) days of the date of receipt of the request of the other Contracting Party, unless otherwise agreed by the Contracting Parties.
(Dispute settlement)
(1) Any dispute concerning the interpretation or application of this Agreement which will not be settled by consultations pursuant to Article XIV shall be referred to the Tribunal of three arbitrators, of which each Contracting Party shall appoint one by one and the third to be designated by two arbitrators so appointed. Each Party shall appoint an arbitrator within a period of 60 (60) days from the date on which one Contracting Party has received, by diplomatic means, a notice from the other Party requesting dispute resolution by the arbitration panel, and a third arbitrator shall be appointed for a further period of 60 (60) days.
(2) Each Party shall endeavour, in accordance with its national law, to bring into force any decision or opinion of the arbitration panel.
(3) The expenses of the arbitration panel, including the fees and expenses of the arbitrators, shall be distributed equally between the Parties.
(Amendments)
(1) Any amendment to this Agreement (other than the amendment to the List of Lines or Annexes) will enter into force upon confirmation by exchange of diplomatic notes.
(2) Any amendment to the List of Lines or Annexes to this Agreement may be applied on a provisional basis from the date agreed by the aviation authorities and shall enter into force upon confirmation by exchange of diplomatic notes.
(3) If both Parties accede to a general multilateral convention on scheduled international air services, this Agreement shall be amended to comply with the provisions of such a multilateral convention.
(denunciation)
Each Contracting Party may at any time notify the other Contracting Party that it intends to terminate this Agreement. This notification will also be sent to the International Civil Aviation Organisation. The Agreement shall expire 12 (12) months after the date of receipt of the notice of denunciation, unless, in agreement with the Contracting Parties, the termination is withdrawn before the expiry of that period.
(Repeal)
This Agreement will replace the Agreement on Air Transport between the Czechoslovak Socialist Republic and the United States of America, signed in Prague on 28 February 1969, as amended.
(Entry into force)
This Agreement shall enter into force on the date of signature.
To prove this, the undersigned, duly empowered by their governments, have signed this Agreement.
Dane in Prague on 29 June 1987 in two copies in Czech and English, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
JUDr. Jaromir Johannes v. r.
For the Government
United States of America:
Julian M. Niemczyk v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 86 / 1987 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United States of America on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1987 |
|---|---|
| Effective from | 29.06.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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