Decree of the Minister for Foreign Affairs No. 89 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Spain on Air Transport
Valid
Effective from 07.05.1974
89
DECLARATION
Minister for Foreign Affairs
of 10 July 1974
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Spain on Air Transport
The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Spain on Air Transport was signed in Prague on 4 September 1973, which, according to its Article XVIII, entered into force on 7 May 1974.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of Spain on air transport
Government of the Czechoslovak Socialist Republic
and the Government of Spain
led by the desire to conclude an agreement to develop air transport relations between the two countries
they have agreed as follows:
For the implementation of this Agreement and its Annexes
(a) the term "aviation authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport and, as regards Spain, the Ministry of Aviation (sub-secretariat for civil aviation), or in both cases, any authority or person responsible for carrying out the tasks currently carried out by those authorities;
(b) the terms "agreed services" and "specified lines" mean international air services and lines as defined in the Annex to this Agreement;
(c) the term "designated air undertaking" means an air transport undertaking designated by one Contracting Party by a written notification to the other Contracting Party to operate the agreed services.
Each Contracting Party shall grant to the other Party the rights set out in this Agreement and its Annex in order to establish and operate regular commercial air services on the lines set out in the Annex (hereinafter referred to as "agreed services' and" specified lines'). An airline designated by each of the Contracting Parties 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) to load and land passengers, goods and mail in international transport at designated points on designated lines in accordance with the provisions of this Agreement and its Annexes.
1. Each Contracting Party shall have the right to designate, by written notification to the other Contracting Party, an air transport undertaking to operate the agreed services on specified lines.
2. Upon receipt of such a written designation, the other Contracting Party shall, subject to the provisions of Article IV of this Agreement, grant the relevant operating authorisation to the designated airline without delay.
3. The Air Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its competence to comply with the conditions under the laws and regulations which it normally and appropriately applies to the operation of international air services in accordance with the provisions of the Convention on International Civil Aviation (Chicago 1944).
4. Each Contracting Party shall have the right not to issue the operating authorisation referred to in paragraph 2 of this Article or to impose conditions which it would consider necessary for the exercise of the rights set out in Article II by an airline, where it is not satisfied that a substantial part of the ownership and effective control of that undertaking belong to the Contracting Party which designated the airline or its nationals.
5. Following such designation and authorisation, the airline may at any time commence the operation of the agreed services if the tariff conditions laid down in accordance with the provisions of Article XI of this Agreement apply to such services.
1. Each Contracting Party shall have the right to revoke an operating authorisation or to revoke the exercise of the rights set out in Article II of this Agreement by an airline designated by the other Contracting Party or to impose such conditions when exercising such rights as it deems necessary,
(a) in the event that the airline does not comply with the laws and regulations of the Contracting Party which granted those rights;
(b) where it is not satisfied that a substantial part of the ownership and effective control of an air undertaking belongs to the Contracting Party designating the air undertaking or its nationals;
(c) in the event that the airline does not operate the agreed services in accordance with the conditions laid down in this Agreement.
2. If an immediate revocation of an operating authorisation, revocation of the exercise of rights or the imposition of conditions in an operating authorisation pursuant to paragraph 1 of this Article is not necessary to prevent further infringements of laws and regulations, that right shall be exercised only after consultation with the other Contracting Party.
1. The laws and regulations of one Contracting Party relating to the entry into, or exit from, its territory of aircraft operating international flights or to the operation and flying of such aircraft within its territory shall also apply to aircraft of an air undertaking designated by the other Contracting Party and shall be complied with from the entry into and stay in the territory of the first Contracting Party.
(2) The laws and regulations of one Contracting Party governing the entry, stay and exit from its territory of passengers, crew and cargo, such as formalities concerning entry and exit as well as exit, customs and medical measures, shall apply to passengers, crew and cargo carried by aircraft of a designated air undertaking of the other Contracting Party, provided that they are in that territory.
1. Aircraft used for the operation of international air services by a designated airline of each Contracting Party, as well as their usual equipment, fuel, lubricating oil and supplies (including food, beverages and tobacco) on board such aircraft, shall be exempt from all customs duties, inspection or other charges and charges upon entry into the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. With the exception of fees for services rendered, they will also be exempted from the same fees and charges:
(a) on-board stocks loaded into the territory of each Contracting Party to the extent defined by the authorities of that Contracting Party and intended for use on board an aircraft of the other Contracting Party operating international air services;
(b) spare parts imported into the territory of one Contracting Party for the purpose of maintaining or repairing aircraft used to operate international air services by designated airlines of the other Contracting Party;
(c) fuel and lubricating oils intended for the supply of aircraft used by designated airlines of the other Party for the operation of international air services, even if such stocks are consumed in flight above the territory of the Contracting Party in which they were accepted 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 equipment of aircraft as well as materials and supplies on board aircraft of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of the customs authorities of that territory. In such cases, they may be stored under the supervision of those authorities until they are re-exported from the country or otherwise disposed of after prior approval.
4. Each Contracting Party shall exempt the designated air undertaking of the other Party from all customs, inspection or other charges and charges in respect of commercial recruitment material which will be used exclusively in connection with the operation of the agreed services of the designated air undertaking of the other Party.
The fees for the use of airports and other facilities within the territory of each Contracting Party shall be levied at rates set by its competent authorities.
Passengers in a direct transit through the territory of any Contracting Party and not leaving the aerodrome for that purpose shall be subject to simple control. Luggage and goods in direct transit shall be exempt from customs duties and other similar charges.
1. Each Contracting Party shall grant to the designated airline of the other Contracting Party exemption from all taxes on profits or income resulting from the operation of the agreed services.
2. Transfers of revenue surpluses achieved by a designated aviation undertaking of one Contracting Party to the territory of the other Contracting Party shall be made in freely convertible currencies in accordance with the foreign exchange rules applicable in the territory of that Contracting Party.
3. Each Contracting Party shall allow transfers of such funds to the other country; such transfers shall be carried out without delay.
1. The capacity offered by the designated airlines of both Contracting Parties in the operation of the agreed services will, in particular, be closely linked to the estimated requirements of transport demand between the territories of the Contracting Parties.
2. The aeronautical authority of each Contracting Party shall supply the air authority of the other Contracting Party, upon request, with statistical data which may reasonably be considered necessary for the purposes of assessing the capacity needed for the agreed services.
1. In other paragraphs, the term "tariff 'means the prices to be paid for the carriage of passengers, baggage and goods, and the conditions for the application of those prices, including the prices and conditions for agent and other ancillary services, but not the payment for the carriage of mail or the conditions for its transport.
2. The tariffs levied by airlines of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be set at an appropriate level, taking into account all necessary factors including operating costs, reasonable profit and charges of other airlines.
3. Where possible, the tariffs referred to in paragraph 2 of this Article shall be agreed by the designated airlines of the Contracting Parties in consultation with other airlines operating on a completely or partly identical route and such an agreement shall be concluded, where possible, using the procedures established by the International Air Carrier Association to that end.
4. The tariffs thus agreed shall be submitted for approval by the aviation authorities of the two Contracting Parties at least 90 (90) days before the date of their implementation considered. In specific cases, this period may be shortened if the aviation authorities so agree.
5. The approval of tariffs may be expressly given. In the event that none of the aviation authorities makes a negative decision within 40 (40) days of the date of submission of the application pursuant to paragraph 4 of this Article, the tariffs shall be deemed to have been approved. If the time limit for reference has been shortened within the meaning of paragraph 4, the aviation authorities may agree that the time limit for the decision to be taken shall be less than 40 (40) days.
6. If the tariff cannot be negotiated in accordance with paragraph 3 of this Article or if, within the time limit referred to in paragraph 5 of this Article, the aviation authority of one Contracting Party to the air office of the other Contracting Party may, in respect of the tariffs agreed in accordance with paragraph 3, attempt to determine the tariff by mutual agreement.
7. If the aviation authorities are unable to agree to the tariffs submitted to them pursuant to paragraph 4 of this Article or to determine jointly the tariffs referred to in paragraph 6 of this Article, the dispute shall be settled in accordance with the provisions of Article XVI of this Agreement.
8. The tariffs determined in accordance with the provisions of this Article shall be valid until new tariffs are determined. However, no tariff may be extended as a result of this Article for a period of more than 12 (12) months from the date on which such tariff would otherwise have expired.
The designated aeronautical undertaking of each Contracting Party shall be entitled to maintain in the territory of the other Contracting Party technical and commercial personnel in a number appropriate to the needs of the services performed.
This Agreement and any amendment thereto pursuant to Article XV shall be registered with the International Civil Aviation Organisation.
In the spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult from time to time to ensure the interpretation and satisfactory implementation of the provisions of this Agreement and its Annexes.
1. If one of the Contracting Parties considers it appropriate to amend certain provisions of this Agreement, it may request the other Contracting Party to consult; Such consultations, which may be held between the aviation authorities by negotiation or by written procedure, shall begin within 60 (60) days of the date of the request. All 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 may be made provisionally from a date agreed by the aviation authorities and shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
3. Where a general multilateral agreement on air transport enters into force for both Parties, this agreement shall be adapted to comply with the provisions of the multilateral agreement.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the air authorities of the Contracting Parties. If no agreement is reached between the aviation authorities, the dispute shall be settled by diplomatic means.
Each Party may at any time give written notice to the other Party if it wishes to terminate this Agreement. This statement will also be communicated to the International Civil Aviation Organisation. If such written notice has been given, this Agreement shall expire 12 (12) months after the date on which the other Party received the notice, unless the notice is withdrawn by mutual agreement before the expiry of that period. If the receipt of the statement is not confirmed by the other Contracting Party, the statement shall be deemed to have been received 14 (14) days after receipt by the International Civil Aviation Organisation.
Each Contracting Party shall notify the other Party in writing of the approval of this Agreement in accordance with its national rules. The Agreement shall enter into force as from the date of the last of these written notifications.
The Agreement shall be provisionally implemented from the date of signature.
In Prague on 4 September 1973, in two copies, each in the Czech and Spanish languages, the two texts being equally authentic.
This Agreement has been signed and sealed by the agents of the Contracting Parties to this Agreement in evidence of this.
For the Government
Czechoslovak Socialist
Republic:
Stanislav Krebs v. r.
For the Government
Spain:
Trias de Bes v. r.
ANNEX
1. The agreed services and lines referred to in Article II of this Agreement shall be as follows:
A. Spanish lines (in both directions)
Points in Spain - Munich and / or Vienna and / or other intermediate points not yet specified - Prague and / or Bratislava - points further unknown in Europe and / or the Middle East.
B. Czechoslovak lines (in both directions)
Points in Czechoslovakia - Geneva and / or Marseille and / or other intermediate points not yet specified - Barcelona and / or Madrid - Dakar and / or Freetown and / or other points not yet determined in West Africa north of the equator except Nigeria, Cameroon and Gabon.
2. The new intermediate and further lying points will be established at a later date by agreement of the air authorities of the two Contracting Parties, which will first recommend that their designated airlines discuss jointly the selection of these new points and seek cooperation opportunities for mutual benefit.
3. If, in the future, the designated airline Spain starts its services at points in Africa, where the designated airline of the Czechoslovak Socialist Republic would already be flying on the route referred to in paragraph 1. In this respect, the Commission considers that the aid is compatible with the internal market. And on that annex, the situation will be discussed at the meeting of the competent aviation authorities.
4. The designated aeronautical undertaking may, at its discretion, omit landing at one or more points on the lines referred to in paragraph 1 of this Annex at all or some of the services, provided that the starting point of the route is in the territory of the Contracting Party that designated the undertaking.
5. A designated aeronautical undertaking of one Contracting Party may, within one service, fly to only one point within the territory of the other Contracting Party.
6. The frequency and timetables of the services to be operated by each of the designated airlines shall be agreed between those undertakings according to the principle of equal opportunities and shall be subject to approval by the aviation authorities of the two Contracting Parties.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 89 / 1974 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Spain on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1974 |
|---|---|
| Effective from | 07.05.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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