Decree of the Minister for Foreign Affairs No. 91 / 1989 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China
Valid
Effective from 27.09.1988
91
DECLARATION
Minister for Foreign Affairs
of 4 May 1989
on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China
On 25 May 1988, the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China was signed in Beijing. The Agreement entered into force on 27 September 1988 pursuant to Article 18 thereof.
The Czech version of the Agreement is hereby published at the same time.
Minister:
JUDr. Johanes v. r.
AGREEMENT
on air transport between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China
The Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China (hereinafter referred to as the "Parties');
being parties to the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944;
led by the desire to facilitate friendly relations between their peoples and to develop relations between the two countries in the field of civil aviation;
agree to establish and operate air transport between their respective territories as follows:
Definition of terms
For the purposes of this Agreement, unless otherwise specified in the text:
(a) the term "aviation authorities" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport and Communications and, in the case of the People's Republic of China, the Civil Aviation Administration of China or, in both cases, any person or body responsible for carrying out the tasks currently carried out by the said authorities;
(b) the term "air undertaking" means any air transport undertaking offering or operating an international air transport service;
(c) the term "designated airline" shall mean an airline designated and entrusted in accordance with Article 3 of this Agreement;
(d) the term "air transport service" means any scheduled air transport service carried out by aircraft used for the public transport of passengers, baggage, cargo or mail;
(e) the term "international air transport service" means an air transport service which passes through the airspace over the territory of more than one State;
(f) the term "non-commercial landing" means landing for any purpose other than loading or unloading passengers, baggage, cargo or mail;
(g) the term "capacity" means:
1. in relation to an aircraft, the useful load on the aircraft which is available on the line or on parts of the line;
2. in relation to a designated air transport service, the capacity of an aircraft used in such a service multiplied by the number of flights operated by such an aircraft during a given period on a line or on a section of a line;
(h) the term "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices are used, together with the prices and conditions for brokering and other ancillary services, but does not include charges or conditions for the carriage of mail;
(i) the term "list of lines" means the list of lines attached to this Agreement or adapted in accordance with the provisions of Article 15 of this Agreement. The list of lines shall form an integral part of this Agreement and all appeals to this Agreement shall include appeals to the List of Lines, unless otherwise specified.
Granting of rights
(1) Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to enable its airline to establish and operate international air services on the route listed in the Line List (hereinafter referred to as "agreed services" and "determined route").
(2) According to the provisions of this Agreement, the designated aeronautical undertaking of each Contracting Party shall grant the following rights when operating the agreed service on a specified route:
(a) the right to fly without landing through the territory of the other Contracting Party on an air route (s) designated by the air authorities of the other Contracting Party;
(b) the right to land in that territory for non-commercial purposes in point (s) to be agreed between the aviation authorities of the two Contracting Parties; and
(c) the right to land on a specified route in the territory of the other Contracting Party for the purpose of loading and unloading passengers, baggage, cargo and mail in international transport.
(3) The transport right to load and unload passengers, baggage, cargo and mail for the agreed services of designated airlines of the Contracting Parties on a specified line in a point on the territory of a third country shall be agreed at a later date between the aviation authorities of the two Contracting Parties.
(4) Furthermore, in the course of the operation of the agreed services by designated airlines of the Contracting Parties, the designated air undertaking or any other air undertaking (s) of any Contracting Party may apply for the authorisation of the air authority of the other Contracting Party to operate charter flights on, from and / or through the territory of that other Contracting Party. The air authorities to which such a request is submitted shall examine promptly the request in accordance with their charter rules and in a spirit of mutual benefit and friendly cooperation so that the airlines of both Contracting Parties have a fair and proportionate opportunity to operate international charter services. Applications for charter flights shall be submitted to the air authorities of the other Contracting Party at least 15 days before the proposed operation and flights may only be operated after obtaining consent.
(5) The designated airline of the Contracting Party shall not be entitled to carry passengers, baggage, cargo and mail between points on the territory of the other Contracting Party for payment (cabotage).
Identification and authorisation
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline to operate the agreed services on the route specified in the Line List.
(2) A substantial part of the ownership and effective control of the air undertaking designated by each Contracting Party shall belong to that Contracting Party.
(3) The air authorities of the other Contracting Party may require an air undertaking designated by the first Contracting Party to demonstrate its competence to comply with the conditions laid down by the laws and regulations which those authorities normally and appropriately apply for the operation of international air transport services.
(4) Upon receipt of such designation, the other Contracting Party shall, under the conditions set out in paragraphs (2) and (3) of this Article, grant the relevant operating authorisation to the air undertaking so designated.
(5) As soon as the airline has been so designated and authorised, it may start operating the agreed services from the date specified in the operating authorisation, provided that the capacity and the tariff applicable to the service is agreed in accordance with the provisions of Articles 10 and 12 of the Agreement.
Revocation of the operating authorisation
(1) Each Contracting Party shall have the right to revoke or suspend an operating authorisation already granted to a designated air undertaking of the other Contracting Party or to impose on the designated air undertaking for the use of the rights referred to in Article 2 of this Agreement such conditions as it considers necessary in each of the following cases:
(a) where it is not convinced that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party designated by an air undertaking; or
(b) if the airline does not comply with the laws and regulations of the Contracting Party which provides those rights; or
(c) where the airline does not otherwise ensure operation in accordance with the conditions laid down in this Agreement.
(2) Where the immediate revocation, suspension or imposition of the conditions referred to in 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.
Provisions for technical services and user charges
(1) Each Contracting Party shall designate, on its territory, an aerodrome for regular operations and alternate aerodromes to be used by the designated air carrier of the other Contracting Party for operations on a specified route and to provide such an air carrier on its territory with the communication, navigation, meteorological and other ancillary services necessary for the operation of the agreed services. If necessary, detailed arrangements concerning the above may be agreed between the aviation authorities of both Contracting Parties.
(2) The designated airline of each Contracting Party shall be charged fair and reasonable rates prescribed by the competent authorities of the other Contracting Party for the use of their airports, facilities and technical services. Such rates will not be higher than those for airlines of other States using similar facilities and services in the operation of international air transport services.
Customs duties and levies
(1) An aircraft operated in international air transport services by an air carrier of one Contracting Party, as well as its usual equipment, spare parts, fuel, oil (including hydraulic fluids), lubricants and aircraft supplies (including food, beverages and tobacco) on board, shall be exempt from all customs duties, inspection fees and other duties or charges on arrival into the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft and under customs control until they are re-exported.
(2) Stocks of fuel, oils (including hydraulic fluids), lubricants, spare parts, usual equipment and stocks of aircraft imported into or on behalf of each Contracting Party by a designated air undertaking of the other Contracting Party, or taken on board aircraft operated by such designated air undertaking only for use in the operation of international air transport services, shall be exempt from all charges and taxes, including customs and inspection charges levied on the territory of the first Contracting Party, even if such supplies are to be used on parts of a journey operated through the territory of the Contracting Party on which they were taken on board. The material referred to above may be required to be under customs supervision or control.
(3) The usual aviation equipment, spare parts, aircraft supplies and fuel, oil (including hydraulic fluids) and lubricant retained on board each Contracting Party's aircraft may only be landed in the territory of the other Contracting Party with the agreement of the customs authorities of that Contracting Party which may require that such materials be deposited under their supervision and control until they are exported or otherwise disposed of in accordance with customs legislation.
(4) The exemptions provided for in this Article shall apply in cases where the designated air undertaking of one Contracting Party has arrangements with another air undertaking or air undertakings which, mutatis mutandis, benefit from such exemptions from the other Contracting Party, by lending or transferring to the territory of the other Contracting Party normal aviation equipment, spare parts, fuel reserves, oils (including hydraulic fluids) and lubricants.
Representation and staff
(1) For the operation of the agreed services on a specified route, the designated aeronautical undertaking of each Contracting Party shall have the right to establish, on the basis of reciprocity, a representative at the landing point of the specified route in the territory of the other Contracting Party. The representation staff referred to in this paragraph shall be governed by the laws and regulations in force in the country where the representation is located.
(2) Staff members of the representative of the designated air undertaking of each Contracting Party shall be nationals of either Contracting Party, unless otherwise specified. The number of employees will be determined on a reciprocal basis between the aviation authorities of both Contracting Parties.
(3) Each Contracting Party shall ensure, as far as possible, the security of the representation and of the staff of the designated air undertaking of the other Contracting Party and, in its territory, the protection of aircraft, stocks and other assets of that air undertaking for use in the operation of the agreed services.
(4) Each Contracting Party shall offer the representation of the designated air undertaking of the other Contracting Party and its staff the assistance and facilities necessary for the effective operation of the agreed services.
(5) The members of the crew of the designated air undertaking of each Contracting Party for flights within and from the territory of the other Contracting Party shall be nationals of the Contracting Party designating such an air undertaking. Where a designated air undertaking of one Contracting Party requires the hiring of crew members of another nationality on flights within and out of the territory of the other Contracting Party, it shall obtain prior approval from that other Contracting Party.
Transfer of airline earnings
(1) Each Contracting Party shall grant the designated air undertaking of the other Contracting Party the right to transfer, at an official exchange rate published by its financial authorities, excess revenue over expenditure incurred on its territory in respect of the carriage of passengers, baggage, cargo and mail by the designated air carrier in any freely convertible currency. Where the payment system between the Contracting Parties is regulated by a separate agreement, such agreement shall be used.
(2) Each Contracting Party shall facilitate transfers of such amounts to the other country; such transfers shall be carried out without delay.
Entry and departure regulations
(1) The laws and regulations of one Contracting Party governing the entry into and exit from the territory of an aircraft operating international flights or relating to the operation and flight of such aircraft on its territory are also binding on and must be complied with by an aircraft of an air undertaking designated by the other Contracting Party when entering, leaving and operating in the territory of the first Contracting Party.
(2) The laws and other laws of one Contracting Party governing the entry into, stay, transit and exit from its territory of passengers, crew members, cargo and mail, such as those relating to entry, exit, immigration and immigration, travel documents and customs and medical rules, shall apply to passengers, flight crew members, cargo and mail carried by aircraft belonging to a designated air undertaking of the other Contracting Party, if located in that territory.
(3) Passengers in direct transit through the territory of any Contracting Party who do not leave a part of the airport reserved for that purpose will be subject to a simplified form of control. Luggage and cargo, if in direct transit, shall be exempt from customs, inspection and other charges and taxes.
Capacity provisions
(1) Each Contracting Party, while respecting the principle of equality and mutual benefit, shall take all appropriate measures to ensure a reasonably equivalent opportunity and benefit for designated airlines of both Contracting Parties when operating the agreed services on specified routes.
(2) In order to operate the agreed services on specified lines, they will be agreed, through consultations between designated airlines of both Contracting Parties in a spirit of equality, mutual benefit and reciprocity, formalities concerning the number of flights, aircraft type, as well as flight schedules, ground handling and other issues relating to the operation of the agreed services. The arrangement thus agreed shall be submitted to the aviation authorities of the two Contracting Parties for approval. If the designated airlines of both Contracting Parties do not reach agreement on the number of flights, aircraft type and flight schedule, the aviation authorities of the two Contracting Parties shall endeavour to resolve those consultations.
(3) 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 such a way as to avoid undue interference with the air services that the air undertaking of the other Contracting Party operates throughout the whole or parts of the route. In the event that the right to operate the agreed services is unilaterally used by a designated undertaking of one Contracting Party, that designated airline shall take appropriate measures to take into account the interests of the designated air undertaking of the other Contracting Party accordingly.
(4) The agreed services to be operated by the designated airlines of the Contracting Parties will be pursued as a priority objective of ensuring capacity corresponding to the transport requirements between points in the territories of the two Contracting Parties, with adequate utilisation of the aircraft capacity. The right to load or unload international transport from such services to or from points in third countries will be complementary in nature.
(5) The designated aeronautical undertaking of each Contracting Party may request the operation of an additional flight (s) on a specified route in accordance with the transport requirements. An application for such a flight (s) shall be submitted to the air authorities of the other Contracting Party no later than 72 hours before the flight and the flight (s) may be made only after the agreement has been received.
Provisions on statistics
The aeronautical authorities of each Contracting Party shall, upon request, provide the aeronautical authorities of the other Contracting Party with statistical data which may reasonably be required for the purpose of reviewing the capacity provided on a specified route by the designated airline of the first Contracting Party. Such data shall include all information required to determine the volume of shipments carried out.
Determination of tariffs
(1) Tariffs for any agreed service will be set at an appropriate level, taking into account all relevant factors including operating costs, reasonable profit, the nature of the services (such as average speed and travel arrangements) and the tariffs of other airlines on any part of the route determined. These tariffs shall be established in accordance with the following provisions of this Article.
(2) The tariffs referred to in paragraph 1 of this Article will be negotiated between designated airlines of both Contracting Parties after consultation, where necessary and possible, with other airlines operating throughout or part of the route. The tariffs thus agreed shall be subject to approval by the air authorities of the two Contracting Parties and shall be submitted to the competent aviation authorities at least 90 days before the proposed date of introduction of those tariffs. This period may be shortened in certain cases by agreement between the said authorities.
(3) If the airlines do not agree on any of these tariffs, the air authorities of the Contracting Parties shall endeavour to establish tariffs by agreement between themselves.
(4) In the absence of agreement between the air authorities on the approval of a tariff submitted pursuant to paragraph 2 of this Article or the fixing of a tariff pursuant to paragraph 3, the matter shall be referred for settlement to the Contracting Parties in accordance with the provisions of Article 14 of this Agreement.
(5) Where a new tariff is not fixed in accordance with the provisions of this Article, the charges still in force shall be determined. However, the tariff shall not be extended under this paragraph by more than 12 months after the date from which it would otherwise expire.
Nationality of aircraft and certification of crew members
(1) The aircraft of the designated air undertaking of each Contracting Party when operating on a specified route shall be identified by its nationality and registration characteristics.
(2) The designated airline of each Contracting Party may operate agreed services on a specified route (s) by aircraft leased from a third country, provided that the prior notification and relevant information concerning the leased aircraft are provided to the air authorities of the other Contracting Party at least 30 days before the start of the proposed operation. However, at the request of any Contracting Party, consultations shall be held between the Contracting Parties on issues which may arise in connection with the use of a third-country aircraft of nationality.
(3) In accordance with international regulations or recommendations adopted by both Contracting Parties, each Contracting Party shall recognise as valid certificates and certificates of aircraft operating agreed services and crew members issued or recognised as valid by the other Contracting Party.
Consultation
(1) The Contracting Parties shall ensure the correct implementation and satisfactory compliance with the provisions of this Agreement in a spirit of close cooperation and mutual support. To this end, the aeronautical authorities of the Contracting Parties shall consult each other from time to time.
(2) Each Contracting Party may request consultation of the other Contracting Party, which may be oral or written and shall begin within 60 days of the date of receipt of the request, unless both Contracting Parties jointly determine an extension of that period.
(3) If there is any difference in opinion regarding the interpretation or implementation of this Agreement, the designated airlines of both Contracting Parties shall endeavour, where appropriate, to settle it directly through consultation in a spirit of friendly cooperation and mutual understanding. If the airlines do not reach a settlement, or if the matter in question does not fall within their competence, the air authorities of the Contracting Parties shall endeavour to settle it among themselves. If, however, no settlement is reached, the Contracting Parties shall endeavour to achieve it by diplomatic means.
Amendment to the Agreement
(1) If one of the Contracting Parties considers it desirable to amend any provision of this Agreement, it may request consultation of the other Contracting Party. This consultation, which may be held between the aviation authorities or in writing, shall begin within 60 days of the date of receipt of the request. Any amendments thus agreed shall not enter into force until they have been confirmed by an exchange of notes through diplomatic channels.
(2) Adjustments to the List of Lines of this Agreement may be agreed directly between the air authorities of the Contracting Parties. They shall be applied on a provisional basis from the date on which they were agreed and shall enter into force upon confirmation by exchange of diplomatic notes.
Termination of the Agreement
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement. If such notification is made, this Agreement shall expire 12 months after the date of receipt of such notification by the other Contracting Party, unless such notification is withdrawn before the expiry of that period. The notification shall be deemed to have been received 14 days after its date of date or on the date of transmission of the notification to the diplomatic mission of the other Contracting Party to the territory of the first Contracting Party.
Names
The title of each Article of this Agreement shall include names for the purposes of appeal and clarity and shall not be relevant for the definition, restriction or description of the scope or meaning of this Agreement.
Entry into force
This Agreement shall enter into force on the date of exchange of diplomatic notes confirming that the Contracting Parties have completed the approval procedure provided for in their national law.
In order to prove the signature below, duly empowered by their respective governments, they have signed this Agreement.
Done at Beijing, 25 May 1988, in duplicate, each in the Czech, Chinese and English languages, each text being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Jaromir Johannes v. r.
For the Government
Republic of China:
Chu Iočou v. r.
LIST OF LINES
1. Lines
(a) The agreed service line operated by the designated airline of the Government of the People's Republic of China shall be the following in both directions:
Point in China - Point in Czechoslovakia
b) The line of agreed services operated by the designated airline of the Government of the Czechoslovak Socialist Republic will be the following in both directions:
Point in Czechoslovakia - Point in China
2. Intermediate points shall be agreed between the aeronautical authorities of the Contracting Parties.
3. Each item or item on a designated line may be omitted in any or all years at the request of the designated air undertaking of each Contracting Party, provided that such operation begins in the territory of the Contracting Party designated by the air undertaking.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 91 / 1989 Coll., on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of China |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1989 |
|---|---|
| Effective from | 27.09.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0