Decree of the Minister for Foreign Affairs No. 93 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of India on cooperation in maritime transport
Valid
Effective from 19.12.1979
93
DECLARATION
Minister for Foreign Affairs
of 31 March 1980
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of India on cooperation in maritime transport
On 3 November 1978, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of India on cooperation in maritime transport was signed in New Delhi. The Agreement entered into force on 19 December 1979 pursuant to Article 15 thereof.
The Czech translation of the Agreement is announced simultaneously.
First Deputy:
Ing. Book v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of India on cooperation in maritime transport
Government of the Czechoslovak Socialist Republic and Government of the Republic of India
Desiring to develop and strengthen relations between the two countries in the field of maritime transport and maritime services;
referring to the Trade and Payment Agreement between the two countries of 4 December 1974;
having regard to the recommendations of the Joint Czechoslovak-India Committee on Economic, Trade and Technical Cooperation;
taking into account the geographical location of the Czechoslovak Socialist Republic, which is an internal continental country and must therefore use third country maritime ports;
agree as follows:
1. Cooperation between the two countries in maritime transport will be based on the principles of sovereign equality, national interests and mutual benefit and assistance.
2. The provisions of this Agreement shall apply to bilateral maritime transport between the Parties.
1. In accordance with Article 1 of this Agreement, both Parties agree to assist their ships in the carriage of goods between the two countries in order to promote mutual trade.
2. The Parties shall promote the development of maritime services between the ports designated by Czechoslovakia and the ports of India and shall develop contacts between their organisations responsible for the operation of maritime transport.
1. The term "ship" of a Contracting Party shall mean any merchant ship flying the flag of that Party, or hired for the time by the relevant maritime organisations of either Party, in accordance with its laws.
2. This term does not cover warships and fishing vessels of both sides.
3. The term "crew member" of a merchant ship will mean any person actually employed in carrying out duties on board the ship during the journey and entered on the crew list.
4. Ports appointed by Czechoslovakia pursuant to Article 2 shall be ports designated by the relevant Czechoslovak organisations.
1. The Contracting Parties agree to take due account of the geographical location of the Czechoslovak Socialist Republic and the capacity of the Czechoslovak ships, as well as the resulting necessity to benefit from the transport of goods by third country ships, in particular those whose seaports pass through the goods and whose ships maintain maritime transport links between their own ports and the ports of India, in cooperation with Indian liner companies.
2. In recognition of the above principle, both parties agree to reserve an appropriate proportion of their national goods to third-flag ships, in particular those through whose ports the national goods are transported.
3. The Contracting Parties shall also agree that the organisation of both maritime transport parties shall have the right to participate equally in the carriage of national goods carried between the two countries, subject to the condition set out in point 2 of this Article.
1. The Parties hereby assign ČECHOFRACHT, Prague for the Czechoslovak Party and SHIPPING CORPORATION OF INDIA LTD., Bombay for the Indian Party, the task of coordinating the activities resulting from this Agreement.
2. Each national shipping line will operate and manage its ships included in this service independently and will take full responsibility for the financial results of such operations as well as for the claims that may arise as a result of the operation of ships.
3. Each Party may, by communication to the other Party, appoint any other organisation, if necessary, instead of the above.
Each Party shall avoid competition with ships of the other Party in its trade with third countries and shall refrain from such activities as are detrimental to the growth and exploitation of the other Party's commercial fleet.
Each Party may establish representation of its maritime companies in the territory of the other Party, in accordance with the laws of that country.
1. Ships of either Party, loaded or at no cost, shall enjoy the highest benefits guaranteed by its laws, regulations and regulations for ships flying the flag of third countries when entering, staying in or leaving ports of the other country. This principle will not apply to coastal vessels.
2. The Parties shall endeavour to take effective measures to assist ships in their ports, in particular with regard to fuel supplies, spare parts, food provision, etc., repairs and docking, simple formalities for ship handling and crew rotation.
All ship documents, including those relating to nationality, registration, tonnage and inspection, issued or recognised by one Party, shall be recognised by the other Party.
If a ship of one of the parties fails, hits the shallows, is thrown ashore or suffers any other accident, a ship, cargo, crew and passengers shall receive the same assistance on the territory of the other party provided to its national ships, cargo, crew and passengers. This shall be subject to the relevant laws and international obligations of each Party.
All payments between the two countries relating to sea transport shall be made in accordance with the provisions of the payment agreement applicable between the two countries.
The Indian authorities will not impose or levy an Indian income tax on maritime transport Czechoslovak ships on the basis of reciprocity.
Any discrepancies between the Contracting Parties concerning the implementation of this Agreement shall be dealt with by negotiation.
1. All matters concerning the operation of maritime services between the two countries will be discussed by the designated organisations of the two countries, which will conclude agreements for this purpose for specified periods.
2. Such agreements will deal in particular with matters such as departure density, appointment of loading and unloading ports, transport tariffs and other details related to maritime transport services.
This Agreement shall enter into force on the date of the exchange of notes confirming that it has been approved in accordance with the constitutional requirements of both Parties and will remain in force for a period of 5 years. After the expiry of this period, the Agreement shall be automatically extended by one year unless it is denounced in writing by one of the parties 6 months before the expiry of the period.
Written and signed in New Delhi on 3 November 1978 in two original copies in English, the two copies being equally authentic.
For the Government
Czechoslovak Socialist Republic:
František Mareš v. r.
For the Government
Republic of India:
S. Y.Ranade v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 93 / 1980 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of India on cooperation in maritime transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.1980 |
|---|---|
| Effective from | 19.12.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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