Decree No 92 / 1972 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on Air Transport
Valid
Effective from 25.10.1971
92
DECLARATION
Minister for Foreign Affairs
of 19 September 1972
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland
on air transport
On 19 December 1969 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on Air Transport was signed in Prague.
Pursuant to Article 15 of the Agreement, the Agreement entered into force on 25 October 1971, i.e. the date of entry into force of the Protocol on the Termination of the Agreement between the Republic of Czechoslovakia and the Republic of Poland on Air Transport signed in Prague on 24 January 1946.
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 the Polish People's Republic
on air transport
the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland, hereinafter referred to as the "Contracting Parties',
Wishing to conclude an agreement to develop relations in air transport between the Czechoslovak Socialist Republic and the People's Republic of Poland, they have agreed as follows:
For the implementation of this Agreement and its Annexes, the following terms shall have the following meaning:
(a) "Aviation Authority" means, as regards the Czechoslovak Socialist Republic, the Federal Committee on Transport - Civil Aviation Administration, and as regards the People's Republic of Poland, the Minister for Transport, or in both cases, any authority entrusted with carrying out the tasks currently carried out by those authorities;
(b) "designated air undertaking" means an air undertaking which has been notified by one Contracting Party to the other as an undertaking which will operate any of the agreed services.
The Contracting Parties shall grant each other the rights set out in this Agreement in order to establish regular international air services on the lines set out in its Annex. These services and lines are hereinafter referred to as "agreed services' and" specified lines'. Air undertakings designated by the Contracting Parties shall enjoy the following rights when operating the agreed services on specified lines:
(a) fly without landing through the territory of the other Contracting Party;
(b) land on that territory for non-commercial reasons;
(c) to load and land in international transport of passengers, mail and goods at designated places on specified lines in accordance with the provisions of this Agreement and its Annexes.
1. Each Contracting Party shall have the right to designate an air undertaking to operate the agreed services on specified lines. This designation shall be notified in writing by the aviation authority of one Contracting Party to the aviation authority of the other Contracting Party.
2. Upon acceptance of such designation, the aviation authority of each of the Contracting Parties shall grant the relevant operating authorisation to the designated air undertaking without delay, subject to the provisions of Article 4.
3. The air authority of one Contracting Party may require the designated air undertaking of the other Contracting Party to demonstrate that it is competent to fulfil the conditions laid down in the laws and regulations normally applicable to the operation of international air services in accordance with the provisions of the Convention on International Civil Aviation, negotiated in Chicago on 7 December 1944.
4. As soon as an appropriate authorisation has been issued to the designated air undertaking pursuant to paragraph 2 of this Article, it may at any time commence the operation of any of the agreed services provided that the tariff established in accordance with the provisions of Article 9 of this Agreement applies to that service.
1. Each Contracting Party reserves the right to refuse, revoke and suspend authorisations or to impose conditions in an authorisation issued to an air undertaking designated by the other Contracting Party pursuant to Article 3 of this Agreement
(a) in the event that the air undertaking fails to demonstrate its competence to the air authority of the other Contracting Party under the laws and regulations normally and appropriately applied by that authority;
(b) in the event that the airline does not comply with the laws and regulations referred to in Article 5 of this Agreement;
or
(c) where it is not convinced that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party which has designated an air undertaking or to persons (natural or legal) having its nationality and, in the case of the participation of designated airlines in the joint air traffic, to States or persons (natural or legal) having their nationality and whose airlines are participating in the joint air traffic, subject to the existence of an air service agreement between the Contracting Party granting an operating authorisation and each State whose undertakings are participating in such joint operation.
2. If an immediate revocation or suspension of an authorisation issued to an air undertaking designated by the other Contracting Party is not necessary to prevent further infringements of the laws and regulations referred to in Article 5 of this Agreement, the right to revoke or suspend an authorisation shall be used only after negotiations with the other Contracting Party.
1. The laws and regulations of one Contracting Party relating to the entry into, or the exit from, the territory of aircraft operating international flights or to the operation and flight of such aircraft within its territory shall apply to aircraft of an air undertaking designated by the other Contracting Party and shall be complied with when entering, leaving and operating in the territory of the first Contracting Party.
(2) The laws and regulations of one Contracting Party relating to the entry into, or exit from, its territory of passengers, crews, cargo of aircraft, as well as the rules on entry, exit, travel documents, customs and health checks must be complied with when entering, leaving and staying in the territory of the first Contracting Party.
1. Aircraft used by a designated airline of one Contracting Party to operate international services, as well as their usual equipment, fuel and lubricating oil supplies and on-board supplies, including food, beverages and tobacco products, shall be exempt from customs duties or charges on entry into the territory of the other Contracting Party, provided that such aircraft are re-exported and the equipment and supplies remain on board until they are re-exported.
2. The same benefits and charges, with the exception of fees for services rendered, shall also be exempt from:
(a) stocks taken on board in the territory of one Contracting Party to the extent specified by the authorities of that Contracting Party and intended to be used on board aircraft of a designated air undertaking of the other Contracting Party in the course of international service operations;
(b) spare parts and usual equipment imported into the territory of one Contracting Party and intended for the maintenance or repair of aircraft used by the designated airline of the other Contracting Party in the operation of international services;
(c) propellants intended for the use of aircraft used by the designated airline of the other Contracting Party in the operation of international services, even if such propellants are to be consumed on the line section above the territory of the Contracting Party where they were taken on board;
(d) recruitment and office materials, provided that the value of each item and its quantity does not exceed the limits laid down by the competent authorities of the Contracting Party in whose territory they have been imported.
3. Where national laws or regulations of a Contracting Party so require, the articles referred to in paragraphs 1 and 2 of this Article shall be placed under the control of the customs authorities of that Contracting Party.
4. The normal on-board equipment, as well as food and supplies retained on board aircraft used by an air carrier of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of its customs authorities. In such a case, they may be placed under the control of those authorities until they are re-exported or otherwise used with the consent of those authorities.
1. Each Contracting Party shall grant, on the basis of reciprocity to the designated air undertaking of the other Contracting Party within its territory, exemption from all taxes on profits or revenues arising from the operation of the agreed air services.
2. The financial settlement resulting from the implementation of this Agreement shall be made in accordance with the mutual payment agreements by which both Contracting Parties are bound.
1. The capacity to be provided by the designated airlines of the Contracting Parties in the agreed services will be closely dependent on the estimated transport demand between the territories of the two Contracting Parties. The frequency and timetables of the services to be operated by these undertakings shall be agreed between the airlines on a level playing field and shall be subject to approval by the aviation authorities of the two Contracting Parties.
2. At the request of either Party, the aeronautical authorities of both Contracting Parties shall exchange such statistical data as may reasonably be required for the purpose of assessing the capacity of the agreed services.
1. The tariffs applicable to the agreed services shall be negotiated by multilateral or bilateral arrangements.
2. Where such tariffs are agreed between designated airlines, they shall be subject to the approval of the air authorities of the Contracting Parties; If an agreement on tariffs between designated airlines cannot be reached, these aviation authorities shall negotiate the tariffs.
3. If a tariff agreement cannot be reached, any dispute shall be settled in accordance with the provisions of Article 13 of this Agreement.
The designated airlines shall be authorised to maintain their representations within the territory of the other Contracting Party with the personnel needed to operate the agreed air services.
In a spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult as necessary on the interpretation and satisfactory implementation of the provisions of this Agreement and its Annexes.
1. If one Contracting Party considers it desirable to amend any provision of this Agreement, it may request a hearing with the other Contracting Party. Such negotiations as may be carried out between the aviation authorities, either by direct negotiation or in writing, shall take place within 60 (60) days of the date of application. The amendments thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
2. The amendments adopted to the Annex to the Agreement may be provisionally implemented in agreement between the aviation authorities of the Contracting Parties and enter into force as soon as they are confirmed by exchange of diplomatic notes.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be dealt with by direct negotiations between the aviation authorities. If no agreement is reached in this negotiation, the dispute shall be settled by diplomatic means.
This Agreement shall be negotiated for an unlimited period. Each Contracting Party may terminate it at any time by written notification. In that case, this Agreement shall expire 12 (12) months after the date of receipt of the notification by the other Contracting Party.
This Agreement shall be subject to approval under the laws of the Contracting Parties and shall enter into force on the date of the exchange of notes confirming such approval or on the date on which the Protocol on the Termination of the Agreement between the Republic of Czechoslovakia and the Republic of Poland on Air Transport signed in Prague on 24 January 1946, whichever is the later.
Dane in Prague on 19 December 1969 in two copies, each in the Czech and Polish languages, the two texts being equally authentic.
This Agreement has been signed and sealed by agents of the Contracting Parties to this Agreement in evidence.
For the Government
Czechoslovak Socialist Republic:
Thu.
For the Government
The Republic of Poland:
M. Kowieskie v. r.
ANNEX
I.
The routes on which the air services designated by the Polish People's Republic may be operated:
1. Points in PLR - points in CSSR and back
2. Points in PLR - points in CSSR - intermediate points - New York and back.
The intermediate points shall be determined at a later date by agreement between the aviation authorities of the two Contracting Parties.
II.
Routes on which the designated airline of the Czechoslovak Socialist Republic can operate air services:
1. Points in CSSR - points in PLR and back
2. Points in CSSR - points in PLR - intermediate points - Tokyo and back.
The intermediate points shall be determined at a later date by agreement between the aviation authorities of the two Contracting Parties.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 92 / 1972 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.1972 |
|---|---|
| Effective from | 25.10.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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