Decree of the Minister for Foreign Affairs No. 90 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia on Air Services between and beyond their territories
Valid
Effective from 02.05.1973
90
DECLARATION
Minister for Foreign Affairs
of 5 June 1973
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia on air services between and beyond their territories
On 2 May 1973, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia on air services between and beyond their territories was signed in Prague.
Pursuant to Article 16 of the Agreement, the Agreement entered into force on 2 May 1973.
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 Malaysia on air services between and beyond their territories
The Government of the Czechoslovak Socialist Republic and the Government of Malaysia, being parties to the Convention on International Civil Aviation and wishing to conclude an agreement to establish air services between and beyond their territories, have agreed as follows:
For the purposes of this Agreement, unless otherwise specified:
(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;
(b) the term "aviation authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport and any other person or body responsible for carrying out the tasks currently carried out by that Federal Ministry of Transport or similar tasks, and as regards Malaysia, the Minister of Communications and any other person or authority responsible for carrying out the tasks currently carried out by that Minister or similar tasks;
(c) the term "designated air undertaking" means an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article 3 of this Agreement for the operation of air services on the routes specified in the Annex to this Agreement;
(d) the term "territory" in relation to a State means land areas and territorial waters adjacent thereto and falling under the sovereignty, sovereignty, protection or mandate of that State;
(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; and
(f) the terms "agreed services" and "specified lines" mean international air services and lines listed in the Annex to this Agreement.
(1) Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement for the purpose of establishing air services on the lines listed in the relevant part of the annexed list (hereinafter referred to as "agreed services" and "scheduled lines"). The agreed services may be initiated immediately or at a later date, at the request of the Contracting Party which will grant the rights.
(2) Subject to the provisions of this Agreement, airlines 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; and
(c) land in that territory at the points specified for this line in the list to this Agreement for the purpose of unloading and loading passengers, goods and mail in international transport.
(3) Nothing in paragraph 2 of this Article shall give the airlines of one Contracting Party the right to dispose of passengers, goods or mail carried for compensation or salary to another point in the territory of the other Contracting Party.
(1) Each Contracting Party has the right to designate by written notification to the other Contracting Party one or more airlines to operate the agreed services on specified lines.
(2) Upon receipt of a written designation, the other Contracting Party shall grant, subject to the provisions of paragraphs 3 and 4 of this Article, the relevant operating authorisation without delay to the designated airline or airlines.
(3) The Aviation 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 under the laws and regulations which it normally and appropriately applies in accordance with the provisions of the Convention in the operation of international commercial air services.
(4) Each Contracting Party may refuse a designated aviation undertaking and deny or revoke the rights granted to an air undertaking under paragraph 2 of Article 2 of this Agreement or impose on an air undertaking, in the exercise of those rights, such conditions as it deems necessary, where it is not certain that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party which designates an air undertaking or, in the case of a consortium, to the Government or nationals of the States whose airlines form that consortium; in respect of a consortium, the reservation that there are valid air transport agreements between the Contracting Party from which an operating permit is required and each of the States whose airlines form a consortium shall apply and shall cover the air service under consideration.
(5) At any time after the provisions of paragraphs 1 and 2 of this Article have been fulfilled, an airline designated and authorised may start operating the agreed services provided that the service is only operated when the tariff conditions for such service are laid down in accordance with the provisions of Article 7 of this Agreement.
(6) Each Contracting Party may suspend the exercise of the rights granted to an air undertaking pursuant to paragraph 2 of Article 2 of this Agreement or impose on an air undertaking, when making use of them, such conditions as it deems necessary, in the event that the air undertaking does not comply with the laws and regulations of the Contracting Party providing such rights or otherwise does not comply with the conditions set out in this Agreement; In so doing, the reservation that, if an immediate cessation of the exercise of rights or the imposition of conditions would not be necessary to prevent further infringements of laws and regulations would only be applied after consultation of the other Contracting Party.
(1) Aircraft used for the operation of international services designated by the airlines of both Contracting Parties as well as their usual equipment, spare parts, fuel and lubricating oils, aircraft stocks (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection taxes and other charges and 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) Propellants, lubricating oils, spare parts, usual equipment and stocks of aircraft imported into the territory of one Contracting Party by or on board an aircraft of the other Contracting Party, whether or not on board an aircraft of the designated air undertaking, shall be exempt from all national charges and charges, including customs duties and inspection taxes imposed on the territory of the first Contracting Party, even if those stocks are to be used in sections of the journey carried out over the territory of the Contracting Party in which they were taken on board. The above material may be required to be under customs control or control.
(3) The normal equipment of an aircraft, spare parts, stocks of aircraft, fuel and lubricating oil retained on board an 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 Party, which may request that the material be placed under their supervision until it is re-exported or otherwise disposed of in accordance with the customs legislation.
(4) Propellants, lubricating oils, spare parts, normal aircraft equipment and stocks of aircraft taken on board an aircraft of one Contracting Party in the territory of the other Contracting Party and used exclusively for flights between two points in the territory of the same Contracting Party, will not benefit from a less favourable regime for customs duties, inspection taxes and other similar national and local charges and benefits than those granted to national aviation undertakings or airlines enjoying the most favourable advantages of such flights.
(5) Passengers, baggage and goods in direct transit through the territory of one of the Contracting Parties and not leaving the airport designated for that purpose will be subject to a very simplified control. Luggage and goods in direct transit shall be exempt from customs duties and other similar charges.
(1) Air undertakings of both Contracting Parties will have proper and equal opportunities to operate the agreed services on designated routes between their territories.
(2) When operating the agreed services, the airlines of each Contracting Party shall take into account the interests of the airlines of the other Contracting Party in order to avoid undue interference with the services they operate on wholly or partly identical routes.
(3) The agreed services operated by the designated airlines of the Contracting Parties will be closely related to the public demand for transport on specified lines and their main objective will be, provided that reasonable capacity is used reasonably, in accordance with continuously and reasonably considered requirements, to the transport of passengers, goods and mail originating in or destined for the territory of the Contracting Party designated by the airline. The offer of passenger, freight and mail services loaded or unloaded at points on designated lines in the territory of States other than those designated by the airline shall be determined in accordance with the general principles that capacity shall be assessed in the context of:
(a) with transport demand in and from the territory of the Contracting Party designated by the air undertaking;
(b) the transport demand of the area through which the airline operates its flights, taking into account other transport services set up by State airlines in that area;
(c) the demand for a direct link between the airline.
(1) The laws and regulations of one Contracting Party governing the entry into and exit of an aircraft operating an international flight or flying such aircraft over that territory shall apply to the designated air undertaking of the other Contracting Party.
(2) The laws and regulations of one Contracting Party governing the entry, stay and exit from its territory of passengers, crew, cargo or mail, such as formalities relating to entry and exit, as well as the arrangements for departure and arrival, customs and medical shall apply to passengers, crew, cargo or mail carried by aircraft of a designated air undertaking of the other Contracting Party, provided that they are in that territory.
(3) The two Contracting Parties undertake not to grant any specific advantages to their own airlines compared to the designated airline of the other Contracting Party when implementing the laws and regulations referred to in this Article.
(4) When using airports and other facilities of one Contracting Party, the designated airline of the other Contracting Party shall not pay charges higher than those which would have been paid by the aircraft of the first Contracting Party in the course of regular international air services.
(1) Tariffs for any agreed service will be set at an appropriate level, taking due account of all necessary factors, such as operating costs, reasonable profit, flight characteristics (such as aircraft speed and equipment standards) and of other airlines on any section of the route determined. Tariffs shall be established in accordance with the following provisions of this Article.
(2) The tariffs referred to in paragraph 1 of this Article, together with the amounts of the agent commissions applied in connection with them, will, if possible, be agreed for each specified route between the designated airlines concerned, in consultation with other airlines operating on the whole or part of that route, and an agreement shall be concluded, where possible, through the procedures established for this purpose by the International Association of Air Carriers. The tariffs thus agreed shall be subject to the approval of the air authorities of the two Contracting Parties.
(3) If the designated airlines fail to reach a tariff agreement or if otherwise a tariff agreement cannot be reached in accordance with the provisions of paragraph 2 of this Article, the air authorities of the Contracting Parties shall themselves endeavour to determine the tariffs.
(4) If the air authorities are unable to approve the tariffs submitted to them pursuant to paragraph 2 of this Article or to determine the tariffs pursuant to paragraph 3, the dispute shall be settled in accordance with the provisions of Article 12 of this Agreement.
(5) No charges shall enter into force if the air authorities of the Contracting Parties do not agree to them, except where a settlement is made in accordance with the provisions of Article 12 of this Agreement.
(6) Tariffs agreed in accordance with the provisions of this Article will be valid until new tariffs are agreed in accordance with the provisions of this Article.
(1) Transfers of revenue surpluses achieved by a designated airline of any Contracting Party to the territory of the other Contracting Party shall be made in accordance with the foreign exchange rules applicable in the territory of that Contracting Party in one of the freely convertible currencies.
(2) The Contracting Parties shall allow transfers of such funds to the other country; such transfers shall be carried out without delay.
The aeronautical authority of each Contracting Party shall, upon request, supply the aviation authority of the other Contracting Party with such periodic or other statistical summaries as may reasonably be required for the purpose of assessing the capacity provided for the agreed services by the air undertakings of the first Contracting Party. Such summaries shall include all information necessary to determine the volume of transport carried out by these airlines in the agreed services and departure points and destination destination, where available.
In order to coordinate measures relating to air transport and aircraft operation, each Contracting Party shall grant the designated air undertaking of the other Contracting Party, in the actual operation of the agreed services, an authorisation to maintain in the territory of the first Contracting Party personnel the type and number of which shall be negotiated from time to time between the air authorities of the Contracting Parties.
The Air Authorities of the Contracting Parties shall consult regularly and frequently to ensure close cooperation on all matters relating to the implementation of this 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.
(1) If one of the Contracting Parties considers it desirable to amend the provisions of this Agreement, it may request the advice of the air authorities of the two Contracting Parties for the amendment under consideration. The meeting shall take place within 60 days of the date of the request. If the aviation authorities consider amendments to this Agreement, the amendments shall enter into force as soon as they are confirmed by an exchange of notes through diplomatic channels.
(2) Amendments to the Annex to this Agreement may be made provisionally as from the date agreed by the aviation authorities and 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.
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 months after the date on which the other Contracting 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 Party, the statement shall be deemed to have been received 14 days after receipt by the International Civil Aviation Organisation.
This Agreement and any exchange of notes in accordance with Article 13 shall be registered with the International Civil Aviation Organisation.
This Agreement shall enter into force on the date of signature.
They have signed this Agreement to prove the signature of the signature, which has the proper authority of their governments.
Dane in Prague on 2 May 1973 in three authentic texts in Czech, Malaysian and English. In the event of a discrepancy, the text in English will be considered decisive.
For the Government
Czechoslovak Socialist Republic:
Stanislav Krebs v. r.
For the Government
Malaysia:
Abu Hassan v. r.
ANNEX
List I
Routes which may be operated by a designated airline of the Czechoslovak Socialist Republic:
| Sloupec 1 | Sloupec 2 | Sloupec 3 | Sloupec 4 |
|---|---|---|---|
| Body odletu | Mezilehlé body | Bod v Malajsii | Body za Malajsií |
| Praha | Bělehrad | Kuala Lumpur | Singapur |
| Bratislava | Athény | Djakarta | |
| Nicosia | Hong Kong | ||
| Káhira | Manila | ||
| Bejrút | Tokio | ||
| Teherán | Perth | ||
| Kuvajt | Sydney | ||
| Karáčí | nebo | ||
| Dháka | Melbourne | ||
| Bombaj | |||
| Colombo | |||
| Moskva nebo Taškent | |||
| Phnom Penh | |||
| Bangkok |
The designated airline or companies of the Czechoslovak Socialist Republic may, on any flight or all years, skip landing at any of the above points if the agreed services on this route start at a point in the Czechoslovak territory.
List II
Routes which may be operated by a designated airline, Malaysia:
| Sloupec 1 | Sloupec 2 | Sloupec 3 | Sloupec 4 |
|---|---|---|---|
| Body odletu | Mezilehlé body | Bod v Československu | Body za Československo |
| Kuala Lumpur | Bangkok | Praha | pět bodů v Evropě včetně Frankfurtu, Paříže, Londýna a dva body ve Spojených státech amerických |
| Colombo | |||
| Madras nebo Bombaj | |||
| Dillí | |||
| Dháka | |||
| Karáčí | |||
| Kuvajt | |||
| Teherán | |||
| Bejrút | |||
| Bahrejn | |||
| Taškent nebo Moskva | |||
| Káhira | |||
| Athény | |||
| Bělehrad | |||
| Řím |
The designated airline Malaysia may, on any flight or all years, omit landing at any of the above points if the agreed services on this route start at a point in Malaysian territory.
Note: As regards unspecified points in column 4 of list II of the Malaysian lines, it was agreed that these unspecified points would be determined after consultation.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 90 / 1973 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia on Air Services between and beyond their territories |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.1973 |
|---|---|
| Effective from | 02.05.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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