Decree No 91 / 1973 Coll.
Foreign Minister's Decree on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan on Air Services
Valid
Effective from 02.02.1971
91
DECLARATION
Minister for Foreign Affairs
of 31 May 1973
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan on Air Services
The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan on Air Services was signed in Prague on 2 September 1969.
Pursuant to Article XIX of the Agreement, the Agreement entered into force on 2 February 1971.
The Czech translation of the Agreement is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan on Air Services
The Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan, hereinafter referred to as the Contracting Parties, being Parties to the Convention on International Civil Aviation and the Agreement on the Transit of International Air Transport Services signed in Chicago on 7 December 1944 and wishing to conclude an Agreement with a view to establishing air services between and beyond their territories, have agreed as follows:
For the purposes of this Agreement:
(a) "Convention" shall mean the Convention on International Civil Aviation signed in Chicago on 7 December 1944;
(b) "aviation authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Committee on Transport, Civil Aviation Administration and, as regards the Islamic Republic of Pakistan, the Director-General of Civil Aviation, or, in both cases, any person or body responsible for carrying out the tasks currently carried out by the aforementioned authorities;
(c) "territory" in relation to a Contracting Party means land areas and territorial waters adjacent thereto and falling under the sovereignty, sovereignty, protection or mandate of that Contracting Party;
(d) "air services," "international air service," "air undertaking" and "landing for non-commercial purposes" have the meaning set out in Article 96 of the Convention;
(e) "designated airline" means an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article III of this Agreement.
(1) Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to establish and operate regular international air services on the lines listed in the Annex to this Agreement. Such services and lines are called "agreed services" and "specified lines." Air undertakings 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) to load and land passengers, goods and mail at any point on specified lines, taking into account the provisions of the Annex to this Agreement.
(2) Nothing in paragraph 1 of this Article shall give the air undertaking 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 that Contracting Party.
(1) Each Contracting Party has the right to designate one airline to operate the agreed services on specified lines. This designation shall be notified in writing by one Contracting Party to the other Contracting Party.
(2) Upon receipt of a written notification, 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.
(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 normally and appropriately applied to the operation of international air services.
(4) Each Contracting Party shall have the right to refuse a designated air undertaking or to refuse the granting of the operating authorisations referred to in paragraph 2 of this Article or to impose such conditions on an air undertaking in the use of the rights set out in Article II of this Agreement which it considers necessary, where it is not certain that a substantial part of the ownership and effective control of that undertaking belong to the Contracting Party which designates the air undertaking or its nationals.
(5) An airline designated and authorised in accordance with paragraph 2 of this Article may, at any time, commence the operation of the agreed services provided that, in accordance with the provisions of Article VIII of this Agreement, tariff conditions have been laid down for such service.
(1) Each Contracting Party has 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 air undertaking designated by the other Contracting Party or to impose such conditions when exercising such rights as it deems necessary:
(a) in any case where it is not convinced that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party designating an air undertaking or nationals of that Contracting Party; or
(b) in the event that the airline does not comply with the laws and regulations of the Contracting Party granting those rights; or
(c) in the event that the airline does not otherwise comply with the provisions of this Agreement.
(2) If the immediate revocation of an operating authorisation, revocation of the exercise of rights or the imposition of the conditions referred to in paragraph 1 of this Article would not be 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 each Contracting Party shall apply to the flight and operation of aircraft of an air undertaking designated by the other Contracting Party when entering the territory of the first Contracting Party, at the time of residence and when leaving that territory, and when flying over that territory.
(2) The laws, regulations and regulations of one Contracting Party concerning the entry, residence and exit of passengers, crew and cargo into and from its territory shall also apply to passengers, crew and cargo of aircraft of a designated air undertaking of the other Contracting Party.
(1) The designated airlines of both Contracting Parties will have proper and equal opportunities to operate the agreed services on specified routes between and beyond their territories.
(2) When operating the agreed services, the designated air undertaking of each Contracting Party shall take into account the interests of the designated air undertaking of the other Contracting Party in order to avoid undue interference with the services it operates on all or part of the same route.
(3) The capacity provided by the designated air carrier of one Contracting Party and the capacity provided by the designated air carrier of the other Contracting Party on each specified route will be in a reasonable proportion to the public demand for air transport on that route.
(4) In applying the principles set out in the previous paragraphs of this Article,
(a) the agreed services operated by each of the designated airlines will have as their main objective, provided that reasonable utilization is made, to create, in accordance with the continuously and reasonably considered requirements, a capacity appropriate to transport from the territory of one Contracting Party and intended for the territory of the other Contracting Party;
(b) the rights of the designated air undertaking of each Contracting Party to load and land at points in the territory of the other Contracting Party international transport intended for third countries or coming from third countries shall be exercised in accordance with the principle that such transport will only be complementary and the capacity will be based on:
(ba) air traffic needs between the country of origin and the country of destination and air traffic needs in the area over which the designated air undertaking operates its flights, taking into account local and regional air services;
(bb) the economy of operating a direct link between an airline.
(5) The air authorities of the Contracting Parties will approve the initial capacity envisaged before the initial start of the operation of the agreed services as well as any subsequent change in capacity.
(1) Each Contracting Party shall ensure that its designated air undertaking submits to the Air Authority of the other Contracting Party, as long as possible, copies of the tariffs, the timetable including any changes and any other information relating to the operation of the agreed services, including capacity information provided on each of the specified routes and any other information that may be required to ensure that the requirements of this Agreement are duly complied with.
(2) Each Contracting Party shall ensure that its designated air undertaking submits statistics relating to shipments carried out in agreed services to the aviation authority of the other Contracting Party showing the loading and unloading points for such services.
(1) The tariffs for carriage carried out under this Agreement by the designated airline of each Contracting Party in or from the territory of the other Contracting Party will be agreed at first instance between the designated airlines of both Contracting Parties and will take into account the corresponding tariffs adopted by the International Air Carrier Association. Any such agreed tariffs shall be subject to the approval of the air authorities of both Contracting Parties.
(2) If no agreement is reached, the dispute will be settled in accordance with Article XV.
(3) No new or modified tariffs shall apply unless approved by the aviation authorities of the two Contracting Parties in accordance with paragraph 1 of this Article or determined in accordance with the provisions of Article XV of this Agreement. Pending the determination of tariffs in accordance with the provisions of this Article, valid tariffs shall remain in force.
The designated airline of each Contracting Party shall have the right to maintain in the territory of the other Contracting Party the technical and commercial personnel necessary for the operation of air services.
(1) An aircraft used for the operation of the agreed services by an air carrier of one Contracting Party, as well as the usual equipment of an aircraft, fuel and lubricating oil, spare parts and on-board supplies of aircraft, including food, beverages, tobacco and small goods intended for sale to passengers on board, shall be exempt from all customs duties and other charges on importation into the territory of the other Contracting Party provided that all equipment and supplies remain on board until they are exported from the country or consumed during a flight over the territory of the other Contracting Party.
(2) With the exception of fees for services rendered, they will also be exempt from fees and charges
(a) fuel and lubricating oil taken on board an aircraft on the territory of one Contracting Party and intended for use on that aircraft of a designated air undertaking of the other Contracting Party on specified lines, even if stocks may be used on a part of the route through the territory of the Contracting Party where they were accepted on board;
(b) spare parts imported into the territory of one Contracting Party for the purpose of maintaining or repairing an aircraft of a designated air undertaking of the other Contracting Party operating on a specified route; and
(c) stocks taken on board an aircraft within the territory of one Contracting Party to the extent defined by the authorities of that Contracting Party and intended for use on board that aircraft of the other Contracting Party operating on specified routes.
(3) The normal on-board equipment of an aircraft, fuel and lubricating oil, aircraft stocks and spare parts on board an aircraft of each Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of the customs authorities of that Contracting Party. In such cases, they shall be deposited under the supervision of those authorities until they are re-exported or otherwise used in accordance with customs legislation.
(4) Equipment, supplies and materials imported into the territory of one Contracting Party as referred to in the preceding paragraphs may not be handled without the consent of the customs authorities of that Contracting Party.
The fees for the use of airports and other facilities within the territory of each Contracting Party shall be levied on the basis of rates determined by its competent authorities in accordance with Article 15 of the Convention.
(1) Transfers of income surpluses over the costs achieved by the designated airline of any Contracting Party in the territory of the other Contracting Party shall be carried out in accordance with the applicable foreign exchange rules of the other Contracting Party and within the framework of a valid payment agreement between the two countries.
(2) The Contracting Parties shall take measures to facilitate transfers of revenue to the other country.
(1) In a spirit of close cooperation, the aviation authorities of both Contracting Parties shall, where necessary, be advised to ensure compliance with the principles and application of the provisions of this Agreement.
(2) Each Contracting Party may at any time ask the other Contracting Party for advice on any amendment to this Agreement which it considers desirable. The meeting shall take place within 60 days of the date of the request. Any amendment to this Agreement agreed upon shall enter into force as soon as it is confirmed by exchange of diplomatic notes. If the adaptation concerns only the Annexes to the Agreement, the meeting shall be held between the aviation authorities of the two Contracting Parties. If these offices are satisfied with the new or modified Annex, the agreed amendments will enter into force as soon as they are confirmed by exchange of diplomatic notes.
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. This Agreement shall expire one year 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.
Any dispute arising from 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 by the Contracting Parties.
In the case of a multilateral agreement or agreement relating to air transport to which both Parties join, this Agreement shall be amended to comply with the provisions of such a convention or agreement.
This Agreement and any exchange of diplomatic notes pursuant to Article XIII shall be registered with the International Civil Aviation Organisation.
Annex to this The Agreement shall be deemed to form part of the Agreement and any references to the Agreement shall also cover the Annexes, unless expressly provided otherwise.
The Agreement shall be approved in accordance with the constitutional requirements contained in the national laws and regulations of each Contracting Party and shall enter into force upon exchange of diplomatic notes on a date later than the two diplomatic notes confirming the fulfilment of those requirements. The provisions of this Agreement shall be provisionally implemented from the date of signature.
In order to prove the signed agents who have the proper authority of their governments have signed this Agreement.
Dane in Prague on 2 September 1969 in two copies in English.
For the Government
Czechoslovak Socialist Republic:
M. Murín v. r.
For the Government
Islamic Republic of Pakistan:
M. A. Alvie v. r.
ANNEX
List I
1. Routes which may be operated by a designated air undertaking of the Islamic Republic of Pakistan:
| Body odletu: | Bod určení: | Mezilehlé body: | Body za Československem: |
|---|---|---|---|
| Body v Pákistánu | Praha | Body na Středním východě, v Perském zálivu, v severní Africe, v jižní a jihovýchodní Evropě, v SSSR | střední a západní Evropa včetně Spojeného království, severní a jižní Amerika |
List II
2. Routes which can be operated by a designated airline of the Czechoslovak Socialist Republic:
| Body odletu: | Bod určení: | Mezilehlé body: | Body za Pákistánem: |
|---|---|---|---|
| Praha | Karáčí | Body v jižní a jihovýchodní Evropě, v SSSR, body na Středním východě anebo ve Sjednocené arabské republice, body v Perském zálivu | Body v jihovýchodní Asii, body na dálném východě, body v Austrálii |
3. The additional agreement between the air authorities of the two Contracting Parties will determine the points to be taken by the scheduled airline lines on the above routes. The air authorities will be based on the principle that designated airlines may omit landing at any of the points so determined in all years or on any flight provided that the agreed services of the designated air undertaking of one Contracting Party start at a point in its territory and do not end in the territory of the other Contracting Party unless otherwise agreed.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 91 / 1973 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan on Air Services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.1973 |
|---|---|
| Effective from | 02.02.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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