Decree of the Minister for Foreign Affairs No. 99 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the Republic of Lebanon on Air Services
Valid
Effective from 19.08.1962
99
DECLARATION
Minister for Foreign Affairs
of 27 September 1962
concerning the Agreement between the Czechoslovak Socialist Republic and the Republic of Lebanon on air services
The Agreement between the Czechoslovak Socialist Republic and the Republic of Lebanon on Air Services was signed in Beirut on 12 May 1961.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 25 October 1961. The approval of the Agreement by the Government of the Czechoslovak Socialist Republic was communicated by a note dated 22 November 1961 and its approval by the competent Lebanese authorities by a note dated 20 July 1962.
Pursuant to Article 17 thereof, the Agreement entered into force on 19 August 1962.
The Czech version of the Agreement is hereby published at the same time.
First Deputy Minister:
Dr Gregor v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Lebanon on air services
Government of the Czechoslovak Socialist Republic and Government of the Lebanese Republic
Desiring to promote scheduled air transport
between
Czechoslovakia and Lebanon agreed as follows:
For the purposes of this Agreement and its Annexes:
(a) "aviation authorities" means:
- as regards Czechoslovakia, the Ministry of Transport and Communications - the Aviation Department or any authority responsible for carrying out the tasks of this Department
- as regards Lebanon, the Ministry of Public Works and Transport - Directorate-General for Transport or any authority responsible for carrying out the tasks of this Directorate;
(b) "agreed services" means:
- international air services listed in the Annex to this Agreement;
(c) "designated undertaking" means:
- an air transport undertaking designated in writing by the aviation authorities of one of the Contracting Parties to the air authorities of the other Contracting Party as an undertaking which they intend to entrust pursuant to Articles 2 and 3 of this Agreement with the implementation of the agreed services.
The undertaking or undertakings designated by one of the Contracting Parties shall enjoy, within the territory of the other Contracting Party, the right of passage and the right to non-commercial landing, they may also use airports and other facilities intended for international transport.
In addition, in the territory of the other Contracting Party, as regards the services listed in the Annex, they shall have the right to load and land in international transport and under the conditions laid down in this Agreement by passengers, postal consignments and goods.
1. The operation of the agreed services on the lines set out in the Annex to this Agreement shall be open at any time as soon as:
(a) the Contracting Party to which the rights referred to in Article 2 are granted shall designate in writing one or more undertakings to operate the agreed services;
(b) a Contracting Party providing such rights shall grant the undertaking or undertakings an authorisation to operate the agreed services.
2. Subject to the provisions of this Agreement, the Contracting Party providing the rights shall, without delay, issue an authorisation to operate the agreed services.
3. Each Contracting Party may require from an undertaking designated by the other Contracting Party proof of its ability to comply with the conditions laid down by the laws and regulations of the first Contracting Party and the provisions of this Agreement on the operation of international air services.
4. Each Contracting Party shall reserve the right to refuse or revoke an operating authorisation of an undertaking designated by the other Contracting Party unless it has evidence that a substantial part of its ownership and effective control of that undertaking belongs to nationals of that Contracting Party, or that the undertaking is governed by the laws and regulations referred to in Article 4, or that it fulfils the obligations imposed on it by this Agreement.
If it is not absolutely necessary to revoke the authorisation to prevent further serious infringements of laws and regulations, this right shall only be used after consultation of the other Contracting Party.
(a) The laws and regulations of each of the Contracting Parties governing the entry, stay and exit of, or the operation, flight and management of, aircraft of an undertaking designated by the other Contracting Party in its territory shall apply.
(b) Passengers, crew and consignors of goods shall submit either personally or through a third party acting on their behalf and on their behalf to the laws and regulations governing the entry, stay and exit of passengers, crews or goods within the territory of each Contracting Party, in particular as regards formalities concerning entry, exit, immigration, passports, customs and health.
The certificate of competence of an aircraft for flying, diplomas and aviation licences issued or recognised as valid by one of the Contracting Parties shall be recognised by the other Contracting Party as valid for the operation of the agreed services. However, each Contracting Party reserves the right not to recognise as valid diplomas and air IDs issued by the other Contracting Party to its own members for flights over its territory.
(a) each Party will be able to impose or allow reasonable and proportionate charges for the use of aerodromes and other facilities; ensure that these fees are not higher than those paid for aircraft of the State most favoured by similar international services.
(b) Propellants, lubricating oils, spare parts, conventional equipment and on-board supplies which will be imported or taken on board aircraft in the territory of one Contracting Party by an undertaking designated by or on behalf of the other Contracting Party and which are intended exclusively for the use of aircraft used by that undertaking for the operation of the agreed services shall be treated, in respect of customs duties, control fees or other domestic taxes and levies, no less favourably than if the undertaking of the State enjoying the highest advantages.
(c) All aircraft used for the operation of the agreed services, as well as fuel, lubricating oil, spare parts, normal equipment and on-board supplies which are on aircraft when arriving in or leaving the territory of the other Contracting Party shall be free of customs duties, control fees or other domestic taxes and levies, even if those items are used or consumed by such aircraft or in such aircraft when flying over that territory.
(d) Fuel, lubricants and special products may be stored at airports used by each of the designated undertakings to ensure the operation of the agreed services.
(e) Fees free of charge under the above provisions may not be removed from the aircraft without the agreement of the customs authorities of the other Contracting Party. If these goods cannot be used or consumed, they must be exported within the prescribed time limits. Until they are exported, they shall remain under the control of those authorities, leaving them at the disposal of the designated undertaking.
1. The designated undertakings of each Contracting Party will have the same and equal opportunities to operate the agreed services.
2. When operating the agreed services, an undertaking designated by one of the Contracting Parties shall take account of the interests of the undertaking designated by the other Contracting Party in order not to adversely affect the services operated by that undertaking on all or part of the same lines.
3. The agreed services on the lines set out in the Annex to this Agreement will have as their main objective the provision of transport capacity corresponding to the demand that can be expected for transport from or within the territory of the Contracting Party which has designated the airline. The right of the undertaking to carry out traffic between the points of line established under the Annex to this Agreement situated in the territory of the other Contracting Party and those situated in a third country shall be exercised in accordance with the interests of the orderly development of international air transport, in such a way that capacity corresponds to:
(a) the demand for transport to or from the territory of a Contracting Party designated by an air undertaking;
(b) the demand for transport in the areas being flown, taking into account local and regional services;
(c) the requirements of efficient operation.
1. Undertakings designated by one of the Contracting Parties shall notify the air authorities of the other Contracting Party no later than 30 days before commencing operations on the lines set out in the Annex to this Agreement of the type of service considered and the type of aircraft, the timetable and any subsequent changes.
2. At the request of the authorities of the other Contracting Party, the aviation authorities of one Contracting Party shall provide all normal statistical data or other data which may reasonably be required of designated undertakings to check the transport capacity provided by the undertaking designated by the first Contracting Party on the lines set out in the Annex to this Agreement. This information shall include, as far as possible, the communications needed to establish the volume and origin and destination of the shipment.
1. The tariffs for the carriage of passengers and goods to be used for the lines listed in the Annex to this Agreement shall be determined taking into account all facts such as operating costs, reasonable profit, specific conditions of each line, as well as the tariffs of other undertakings operating the same route in whole or in part. The fixing of tariffs shall be in accordance with the provisions of the following paragraphs.
2. The tariffs will be set for each agreed route as far as possible between the participating designated undertakings. The designated undertakings shall take into account the procedure recommended for the establishment of tariffs by the International Air Carrier Association (IATA), or agree on such tariffs directly between themselves, preferably after consultation of third-country airlines operating all or part of the same lines.
3. The tariffs thus agreed shall be submitted for approval to the aviation authorities of each Contracting Party at least 30 days before they are to enter into force. This period may in some cases be shortened if the latter so agree.
4. Where designated undertakings do not reach an agreement within the meaning of paragraph 2, or where one of the Contracting Parties declares that it cannot agree to the tariffs submitted to it pursuant to paragraph 3, those tariffs shall be determined by common agreement by the aviation authorities of the two Contracting Parties for lines or sections thereof which have not been agreed upon.
5. If no agreement is reached between the aviation authorities of the two Contracting Parties pursuant to paragraph 4, the provisions of Article 15 of this Agreement shall apply. Pending the decision, the Contracting Party which has not acceded to the tariff shall have the right to request the other Contracting Party to maintain the current tariff.
(a) In the event of an accident involving an aircraft of one Contracting Party in the territory of the other Contracting Party, the Contracting Party in whose territory the accident occurred shall immediately inform the other Contracting Party. It shall also take appropriate measures to initiate an investigation into the circumstances of an accident and, at the request of the other Contracting Party, allow representatives of that Contracting Party to enter its territory freely in order to allow them to participate as observers in the investigation of the causes of the accident.
(b) The Contracting Party in whose territory the accident has occurred shall without delay take all measures necessary to provide assistance and rescue to the crew and passengers who have become victims of the accident and to secure the mail, baggage and goods on board the aircraft.
(c) The Contracting Party conducting the investigation shall report to the other Contracting Party on its results.
The designated undertaking shall be entitled to maintain in the territory of the other Contracting Party, subject to the laws and regulations in force in that territory the technical and commercial personnel required to operate the agreed services.
If both Parties accede to the same General Multilateral Air Transport Convention, the provisions of the Multilateral Convention shall take precedence over those of this Agreement. Negotiations on the extent to which the multilateral convention cancels, replaces, amends or complements this Agreement shall be conducted in accordance with Article 13.
If one of the Contracting Parties considers it desirable to amend any provisions of this Agreement or its Annexes, the air authorities of the Contracting Parties shall consult on this. Such consultation shall take place within 60 days of the date on which it was requested. The amendments agreed upon by those authorities shall enter into force as soon as they are confirmed by the exchange of diplomatic notes.
The Contracting Parties shall endeavour to resolve any dispute concerning the interpretation or implementation of this Agreement and its Annexes by direct negotiation between the competent aviation authorities or, failing that, by diplomatic means.
1. In the event that the dispute concerning the implementation or interpretation of this Agreement cannot be resolved in accordance with Article 14, it shall be submitted to the arbitrator designated by common agreement between the Parties; its decision shall be binding on both Parties.
2. In the event that the Parties do not agree on the selection of an arbitrator, the dispute shall be submitted to an arbitration panel composed of one arbitrator and those arbitrators shall agree on the chairperson of the third State. In this case, the arbitration panel shall act by a majority vote. Each Party shall bear the costs associated with the activities of the arbitrator it has designated as well as half of the other costs. The arbitration panel shall determine the procedure itself.
3. The Contracting Parties undertake to comply with the provisional measures ordered during the arbitration procedure and the final arbitration finding.
This Agreement, any amendments thereto and any exchange of diplomatic notes made pursuant to Article 13 thereof, shall be notified to the International Civil Aviation Organisation (ICAO).
1. This Agreement shall be provisionally implemented 15 days after its signature and shall enter into force 30 days after the exchange of diplomatic notes confirming its approval under the constitutional provisions of the Contracting Parties.
2. Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. This will be communicated simultaneously to the International Civil Aviation Organisation. This Agreement shall expire 12 months after the other Contracting Party has received this notification unless the notification has been withdrawn by common agreement before the end of that period. If the other Contracting Party fails to acknowledge receipt of the notification, the notification shall be deemed to have been received 14 days after its delivery to the International Civil Aviation Organisation.
Done at Beirut, 12 May 1961, in duplicate, in the Czech, Arabic and French languages, all three texts being equally authentic, except in the event of a discrepancy between the French texts.
For the Czechoslovak Socialist Republic
Jaroslav Tomek v. r.
For the Republic of Lebanon
Fouad Ammoun v. r.
ANNEX
Lebanese lines
The Czechoslovak Government shall grant the undertakings designated by the Government of Lebanon the authorisation necessary for the operation of the air services:
1 - Beirut - Ankara or Istanbul - Belgrade - Prague - Frankfurt or Hamburg - Paris or Amsterdam as well as places to be determined by common agreement of the air authorities.
2. - Beirut - Athens - Prague - Frankfurt or Zurich - London and further to places to be determined jointly by agreement of the air authorities.
Czechoslovak lines
The Lebanese Government shall grant the undertakings designated by the Czechoslovak Government the authorisations necessary to operate the air services:
1. Prague - Sofia or Bucharest - Ankara or Istanbul - or Prague - Tirana or Belgrade or Athens - Cairo - Beirut - Damascus - Baghdad - Tehran - Kabul or Kandahar, as well as places to be determined by common agreement of the air authorities.
2. - Prague - Sofia or Bucharest or Istanbul or Prague - Tirana or Belgrade or Athens or Cairo - Beirut - Baghdad - Kabul or Kandahar - Bombay - Rangoon - Phnon Penh - Djakarta or other places beyond India, which will be determined by common agreement of the air authorities.
Notes:
1. The designated undertakings may temporarily or permanently omit one or more of those landings.
2. Commercial transport (fifth freedom) is not permitted - as regards Section II. Annexes - between points:
Beirut / Ankara, Beirut / Istanbul, Beirut / Athens, Beirut / Cairo, Beirut / Baghdad, Beirut / Tehran, Beirut / Damascus.
3. The frequency of service operations agreed by designated undertakings shall be determined by common agreement of the air authorities of the two Contracting Parties.
4. The places to which designated undertakings will actually operate shall be determined by mutual agreement of the air authorities of the two Contracting Parties on the basis of this Annex.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 99 / 1962 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Lebanon on Air Services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.1962 |
|---|---|
| Effective from | 19.08.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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