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Law Approving The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The Czech Republic On Air Transport, Done At Brussels On 6 April 1998 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la République tchèque relatif au transport aérien, fait à Bruxelles le 6 avril 1998 (1) (2)

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22 AVRIL 2003. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic on Air Transport, made in Brussels on 6 April 1998 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic on Air Transport, and the Annex, signed in Brussels on 6 April 1998, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 22, 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility and Transport,
Ms. I. DURANT
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2002-2003.
Senate.
Documents.
Bill tabled on 18 October 2002, No. 2-1321/1.
Report, no. 2-1321/2.
Text adopted by the Commission, no.
Annales parliamentarians.
Discussion, meeting of 12 December 2002.
Voting, meeting of 12 December 2002.
Room
Documents.
Project transmitted by the Senate, No. 50-2204/1.
Text adopted in plenary and subject to Royal Assent, No. 50-2204/2.
Annales parliamentarians.
Discussion, meeting of 13 February 2003.
Voting, meeting of 13 February 2003.
(2) The Treaty entered into force on 23 June 2003.

AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE CZECH REPUBLIC AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM
The Government of the Kingdom of Belgium,
and
The Government of the Czech Republic
hereinafter referred to as Contracting Parties;
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and
Desiring to conclude an agreement for the purpose of developing air services between their respective territories and beyond,
Have agreed as follows:
Article 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires:
(a) the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Article 90 and 94 so far as those Annexes and amendments have been adopted by both Contracting Parties:
(b) the term "aeronautical authorities" means in the case of the Czech Republic the Ministry of Transport and Communications and, in the case of the Kingdom of Belgium, the Ministry of Communications, or, in both cases, any other authority legally empowered to perform the functions exercised the said aeronautical authorities:
(c) the term "designated airline" means the airline that one Contracting Party has designated in writing to the other Contracting Party and which has been authorised in accordance with Article 3 of this Agreement to operate the agreed services on the roads specified in conformity with paragraph (1) of Article 2 of this Agreement;
(d) the terms "territory", "air service", "international air service-, "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;
(e) the terms "agreed service" and "specified route" mean international scheduled air service pursuant to Article 2 of this Agreement and the road specified in the Annex to this Agreement for the transport of passengers, baggage and cargo, including mail, separately or in combination:
(f) the term "capacity" in relation to agreed services means the capacity of the aircraft used on such services, multiplied by the frequency operated by such aircraft over a given period on a road or section of a route:
(g) the term "computer reservation system" (CRS) means a computerised system that provides information about airline schedules, seat/space availability. fares/rates and related services, through which reservations can be made and/or tickets can be issued and sold and which make some or all of these facilities available to travel and cargo agents;
(h) the term "Annex" means the Annex to this Agreement or as amended in accordance with the provisions of Article 21 of this Agreement. The Annex forms an integral part of this Agreement and all references to the Agreement shall include the Annex except where explicitly agreed otherwise.
Article 2
Traffic Rights
(1) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing and operating international air services by a designated airline or airlines over the roads specified in the appropriate section of the Annex. Such services and roads are hereinafter called "agreed services" and "specified routes" respectively.
(2) Subject to the provisions of this Agreement the designated airline of each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the following rights:
(a) to fly without landing across the territory of the other Contracting Party;
(b) to make stops in the territory of the other Contracting Party for non-traffic purposes;
(c) to embark and disembark in the territory of the other Contracting Party at points specified in the Annex passengers. baggage and cargo including mail, separately or in combination, destined for or coming from point(s) in the territory of the first Contracting Party; and
(d) to embark and disembark in the territory of the third countries at the points specified in the Annex passengers, baggage and cargo including mail, separately or in combination, destined for or coming from points in the territory of the other Contracting Party, specified in the Annex.
(3) The airline of each Contracting Party, other than those designated under Article 4 of this Agreement, shall also enjoy the rights specified in paragraph (2) (a) and (b) of this Article.
(4) Nothing in paragraph (2) of this Article shall be deemed to confer on the designated airline of one Contracting Party the right of taking up, in the territory of the other Contracting Party, passengers, baggage and cargo including mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
Article 3
Designation and Operating Authorization
(1) Each Contracting Party shall have the right to designate an airline for the purpose of operating the agreed services for such a Contracting Party and to withdraw the designation of the airline or to another substitute airline for the one previously designated. Such designation shall be effected by virtue of written notification between the aeronautical authorities of both Contracting Parties.
(2) The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraph (3) and (4) of this Article, grant without delay to the designated airline of the other Contracting Party the necessary operating authorisations.
(3) The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfil the conditions prescribed under the laws and regulations applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.
(4) Aeronautical authorities of each Contracting Party shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorisation referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary for the exercise of the rights specified in Article 2 of this Agreement, whenever the Contracting Party has no proof that a substantial ownership and effective control of that airline are jacketd in the other Contracting Party or in nationals of its State.
(5) When an airline has been designated and authorised in accordance with this Article, it may operate in whole or in part the agreed services for which it is designated, provided that tariffs and timetables established in accordance with the provisions of Articles 13 and 15 of this Agreement are in force in respect of these services.
Article 4
Revocation and Suspension of Rights
(1) Aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement of the designated airline of the other Contracting Party or to impose such conditions, temporary or permanent, as it may deem necessary on the exercise of such rights, if the said airline:
(a) fails to prove before the aeronautical authorities of that Contracting Party ability to fulfil the conditions under the laws and regulations applied by these authorities in conformity with the provisions of the Convention; gold
(b) cannot prove that a substantial ownership and effective control are jacketd in the Contracting Party designating the airline or in nationals of its State; gold
(c) falls to comply with or has infringed the laws and regulations of the Contracting Party granting these rights; gold
(d) fails to operate the agreed services in accordance with the conditions prescribed by this Agreement.
(2) Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in paragraph (1) of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Unless otherwise agreed by the aeronautical authorities, such consultations between the aeronautical authorities of both Contracting Parties shall begin within a period of sixty (60) days from the date of request made by either aeronautical authorities.
Article 5
Application of Laws, Regulations and Procedures
(1) The laws, regulations and procedures of one Contracting Party relating to admission to, flying within or departure from its territory of an aircraft of its designated airline engaged in international air navigation, or to the operation or navigation of such aircraft while within its territory, shall be applied to the aircraft of the designated airline of the other Contracting Party and shall be complied with by such aircraft after entering or departing from or while within the territory of that Contracting Party.
(2) The laws, regulations and procedures of one Contracting Party relating to admission to, stay in, transit through, or departure from its territory of passengers, crews, baggage, and cargo including mail, such as langs, regulations and procedures relating to entry, exit, passports, customs, currency and health or sanitary measures, shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline of the other Contracting Party upon entry into or departure from the territory while Contracting
(3) In the application of its customs, quarantine and similar regulations, neither Contracting Party shall give preference to its own or any other airline over the airline of the other Contracting Party engaged in similar international air services.
Article 6
Aviation Security
(1) Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
(2) The Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14,1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971 and the Protocol for the Suppression of Unlawful Acts
(3) The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
(4) The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
(5) Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph (4) above required by the other Contracting Party for entry into, departure from or while with in the territory of that other Contracting Party.
(6) Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading.
(7) Each Contracting Party shall also give a sympathetic consideration to any request from the other Contracting Party for reasonable security measures to meet a particular threat.
(8) When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
(9) When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within one (1) month of the date of such request shall constitute grounds for application of Article 4 of this Agreement. If required by a serious emergency, either Contracting Party may take interim action Prior to the expire of a month period.
Article 7
Recognition of Certificates and Licenses
(1) Certificates of airworthiness, certificates of competency and licenses, issued or rendered valid by one Contracting Party and still in force, shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services, provided that such certificates and licenses are at least equal to or above the minimum standards which are established pursuant to the Convention.
(2) Each Contracting Party reserves the right, however, to refuse to recognise, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party or by the other State.
Article 8
Customs Duties and Other Charges
(1) Each Contracting Party shall use the basis of reciprocity exempt the designated airline of the other Contracting Party from import restrictions, customs duties, inspection fees and other national and local duties and charges on aircraft, fuel, lubricants, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores and food (including liquor, tobacco, beverages and other products destined for sale to passengers in limited quantities during the flight only
(2) The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:
(a) introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party;
(b) retained on board aircraft of the designated airline of one Contracting Party upon arriving in and until leaving the territory of the other Contracting Party; and
(c) taken on board aircraft of the designated airline of one Contracting Party in the territory of the other Contracting Party and intended for use in operating the agreed services; whether or not such items are used or consumed wholly or partly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.
(3) The regular airborne equipment, as well as the materials, supplies and stores normally retained on board the aircraft of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations
(4) The exemptions provided for by this article shall also be available where the designated airline of one Contracting Party has contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph 1 of this article.
(5) Each Contracting Party shall, on a reciprocal basis, grant relief from value added tax or similar indirect taxes on goods and services supplied to the airline designated by the other Contracting Party and used for the purposes of its operation of the international air services. The tax relief may take the form of an exemption or a refund.
Article 9
Use of Airports and Aviation Facilities
(1) The charges imposed in the territory of one Contracting Party on the designated airline of the other Contracting Party for the use of airports, air navigation and other facilities shall not be higher than those that would be paid by its national aircraft of the same class engaged in similar international air services.
(2) In the use of airports, airways, air traffic services and associated facilities under its control, neither Contracting Party shall give preference to its own or any other airline over the airline of the other Contracting Party engaged in similar international air services.
Article 10
Direct Transit
Passengers in direct transit across the territory of a Contracting Party, not leaving the area of the airport reserved for such purpose shall be subject, except in respect of security provisions referred to in Article 6 of this Agreement and prevention of trafficking of narcotic drugs and substances, to no more than a simplified control. Baggage and freight in direct transit shall be exempt from customs duties and other charges. This article shall not preclude a Contracting Party member of the Schengen Arrangements to fulfil its obligation.
Article 11
Safe of Services and Transfer of Funds
(1) Subject to appropriate authorisation in accordance with the respective national laws and regulations and on the basis of reciprocity, the designated airline of one Contracting Party shall be free to sell its air transport services in the territory of the other Contracting Party; either directly or at its discretion through its agents, and any person shall be free to purchase such transportation in the local currency or in any freely convertible currency authorised by foreign exchange regulations in force in that territory.
(2) The designated airline of the Contracting Parties shall have the right to convert and to remit to their home territory the excess of receipts over local expenditures earned in the territory of the other Contracting Party in a freely convertible currency. The transfer shall be made in accordance with the foreign exchange regulations in force in the territory of this other Contracting Party at the actual foreign exchange market rate applicable on the day the transfer is made. Actual transfer shall be executed without delay and shall not be subject to any charges except normal service charges collected by banks for such transactions.
(3) In the event that payments between the Contracting Parties are governed by a special agreement, such an agreement shall apply.
Article 12
Tariffs
(1) The term "tariff" referred hereinafter means the prices or charges to be paid for carriage of passengers, baggage and cargo (excluding remuneration's and conditions for the carriage of mail) and the conditions under which those prices and charges apply, including commissions to be paid on the carriage for agency services, charges and conditions for any services ancillary to such carriage which are offered by airlines and also include any significant benefits provided in association with the carriage.
(2) The tariffs to be applied by the designated airline of a Contracting Party for services covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service (such as standards of speed and accommodation), commission rates, reasonable profit, tariffs of other airlines and other commercial consideration in the market place. The Contracting Parties shall consider unacceptable tariffs that are unreasonably discriminatory, unduly high or restrictive because of the abuse of a dominant position, or artificially low because of direct or indirect subsidy or support, or are predatory.
(3) The tariffs shall, wherever possible, be agreed by the designated airlines concerned of both Contracting Parties, after discussion as required with their respective governments and, if applicable, consultation with other airlines. Such agreement shall, wherever possible, be reached by the use of appropriate international tariff co-ordination mechanism. Failing any bilateral or multilateral agreement, each designated airline may develop tariffs individually.
(4) Aeronautical authorities of each Contracting Party may require filing of tariffs proposed by the designated airline of the other Contracting Party for carriage on the specified roads to or from its territory and for carriage over that specified roads to and from the third countries, together with a relevant Justification. Such filing shall be made at least forty-five (45) days before the proposed date of introduction. In individual cases this period may be reduced, subject to the agreement of the said authorities.
(5) The tariffs for one way or round trip carriage to be charged by the designated airlines on the specified roads and for the carriage over that specified roads to the third countries shall be subject to approval by the aeronautical authorities of the Contracting Party in whose territory the point of departure and of beginning of the whole Journey point of departure and of beginning of the whole journey is situated.
(6) For carriage between the territories of the Contracting Parties, aeronautical authorities of each Contracting Party shall permit the designated airline of the other Contracting Party to match any tariff, including those established by a combination of compatible tariffs, currently authorised for application by an airline of either Contracting Party or of a third State for comparable service between the same points, including charter prices.
(7) Approval of the tariffs may be given expressly to the airline filing the tariffs. However if the aeronautical authorities concerned have not given in writing to the airline concerned and to the aeronautical authorities of the other Contracting Party notice of disapproval within the twenty-one (21) days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with paragraph (4) of this Article, the aeronautical authorities may agree that the period within which any disapproval shall be given be reduced accordingly.
(8) Pending a decision by the aeronautical authorities of the Contracting Party concerned, designated airlines undertake marketing, advertising and sales at the proposed tariffs for carriage to be commenced on or after the proposed date of effectiveness, provided that they are qualified as being "subject to government approval". Under no circumstances are advertising or sales to be undertaken prior to filing the proposed tariffs with aeronautical authorities of both Contracting Parties.
(9) Aeronautical authorities of each Contracting Party may request consultation regarding any tariff of an airline of either Contracting Party for services covered by this Agreement. Such consultation shall be held not later than twenty-one (21) days after delivery of the request. If no agreement is reached, the decision of the Aeronautical Authorities of the Contracting Party in whose territory the carriage originates shall prevail.
(10) A tariff established in accordance with the provisions of this Article shall remain in force unless withdrawn by the airline concerned, or until the due expiry date, if any, or until a new tariff has been approved. The tariff concerned may be extended beyond the original expiry date with the approval of the aeronautical authorities of the Contracting Party concerned. However a tariff shall not be prolonged for more than twelve months after the date on which it otherwise would have expired.
(11) Aeronautical authorities of each Contracting Party shall have the right to investigate violations of tariffs and sales conditions by the airline, passenger or freight agent, tour organize or freight forwarder.
Article 13
Capacity
(1) The capacity to be provided on the agreed services by the designated airlines shall be approved by the aeronautical authorities of both Contracting Parties on the basis of the principle of fair and equal opportunity.
(2) In operating the agreed services the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same roads.
(3) The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for transportation on the specified roads and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and/or cargo, including mail, coming from or destined for the territory of the Contracting Party designating the airline. Provision of the carriage of passengers and/or cargo, including mail, both taken on board and discharged at points on the specified routes in the territories of States, other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
(a) traffic requirements to and from the territory of the Contracting Party which has designated the airline;
(b) traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the states comprising the area; and
(c) the requirements of through airline operation.
Article 14
Timetables
(1) The airline designated by one Contracting Party shall file to the aeronautical authorities of the other Contracting Party for approval at least forty-five (45) days in advance the timetable of its intended services, specifying the frequency, type of aircraft, times, configuration and number of seats to be made available to the public and period of timetable validity.
(2) Any subsequent charges to the approved timetables of the designated airline of one Contracting Party, except change of type of aircraft due to operational reasons, shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
Article 15
Airline Representation
(1) The designated airline of one Contracting Party shall be allowed, on the basis of reciprocity, to bring into and to maintain in the territory of the other Contracting Party their representative and commercial, technical and other specialist staff reasonably required for the operation of the agreed services.
(2) The representative and staff shall be subject to the laws and regulations in force in the territory of the other Contracting Party.
(3) Subject to the laws and regulations in force in the respective territory, the designated airlines of both Contracting Parties shall have the right to establish in the territory of the other Contracting Party an office or offices for promotion of air transportation and sale of the air transportation services.
(4) Each Contracting Party shall, on the basis of reciprocity, and with the minimum delay, grant the necessary employment authorisation, visas or other similar documents to the representative and staff referred to in paragraph (1) and (2) of this Article in order to facilitate his functions.
Article 16
Ground Handling
(1) On the basis of reciprocity each Contracting Party grants to the designated airline of the other Contracting Party right to select in the territory of the other Contracting Party for the provision, in whole or in part, of ground handling services any agent from competing handling agents, authorised by the competent authorities of the other Contracting Party to provide such services.
(2) In addition to paragraph (1) of this Article each designated airline may perform its own ground handling with respect to the passenger check-in operations. This right will only be subject to constraints resulting from requirements of airport safety and security and does not include airside ground handling services. Where safety and security consideration preclude own ground handling specified in this paragraph, such ground handling services shall be available without preference or discrimination to any airline engaged in similar international air services.
Article 17
Computer Reservation System
(1) The Contracting Parties agree, that the computer reservation system (CRS) shall, in their respective territories, be operated so, that:
(a) the interest of consumers of air transport products are protected from any misuse of CRS information, including misleading presentation there; of
(b) the designated airline of a Contracting Party and the airlines agents have unrestricted and non-discriminatory access to, and use of CRSs in the territory of the other Contracting Party;
(c) the CRS Code of Conduct applicable in the territory of each Contracting Party, or when does not exist, the Resolution on a Code of Conduct for the Regulation and Operation of CRSs, adopted by the ICAO Council, applies to the distribution of international passenger and cargo service products.
(2) A Contracting Party guarantees free and unimpaired access in its territory to the CRS chosen as its primary system by the designated airline of the other Contracting Party. Neither Contracting Party will, in its territory, impose or permit to be imposed on the CRS choosen by the designated airline of the other Contracting Party more stringent requirements than those imposed on the CRS of its own designated airline.
Article 18
Provision of Information
The aeronautical authorities of each Contracting Party shall provide or shall cause their designated airline to provide the aeronautical authorities of the other Contracting Party, upon request, periodic statements of statistics or other similar information related to traffic carried by the designated airline on the roads specified in this Agreement as may be reasonably required for the purpose of reviewing the operation of agreed services.
Article 19
Consultations
(1) In the spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall have from time to time communication, which may be through discussion or by correspondence, to ensure close collaboration in all matters affecting the implementation of this Agreement.
(2) Either Contracting Party may at any time request consultations on any problem related to this Agreement. Such consultations shall begin within a period of sixty (60) days from the date of the delivery of the request by the other Contracting Party, unless otherwise agreed by the Contracting Parties.
Rule 20
Amendments
(1) If either of the Contracting Parties consider it desirable to amend any provision of this Agreement, such amendment, if agreed between the Contracting Parties, shall come into force when confirmed by an exchange of diplomatic notes. The date of exchange of notes will be the date of delivery of the latter of these two notes.
(2) Amendments to the Annex of this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the date they have been agreed upon by the said authorities and enter into force when confirmed by an exchange of diplomatic notes.
(3) In an event a general multilateral convention related to international air transport and affecting the relations between the two Contracting Parties enters into force, this Agreement shall be amended to conform with the provisions of such multilateral convention in so far as those provisions have been accepted by both Contracting Parties.
Article 21
Settlement of Disputes
(1) In case of dispute arising from the interpretation or application of this Agreement, the aeronautical authorities of the Contracting Parties shall in the first place endeavour to settle it by negotiation
(2) If the aeronautical authorities fail to reach an agreement the dispute shall be settled by negotiations between the Contracting Parties.
(3) If the dispute cannot be settled in accordance with paragraph (2) above, each Contracting Party may submit the dispute to an arbitral tribunal.
(4) Such arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon and appoint a national of a third State as their chairman. Such members shall be appointed within two months, and such chairman within three months of the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal.
(5) If the periods specified in paragraph (4) above have not been observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the Council of the International Civil Aviation Organisation (ICAO) to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging this function, the Vice-president deputising for him should make the necessary appointments.
(6) The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on the Contracting Parties. Each Contracting Party shall bear the cost of its own member as well as of its representation in the arbitral proceedings; the cost of the chairman and any other costs shall be borne in equal parts by the Contracting Parties. In all other respects the arbitral tribunal shall determine its own procedure.
Article 22
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation.
Article 23
Termination
Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organisation. In such case this Agreement shall terminate twelve (12) months after the date of the delivery of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement between the Contracting Parties before the expiry of this period. In absence of acknowledgement of delivery by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the delivery of the notice to the International Civil Aviation Organisation.
Article 24
Entry into force
(1) Each Contracting Party shall notify the other Contracting Party by diplomatic note that the formalities constitutionally required in their respective country for approval of this Agreement have been complied with. This Agreement shall enter into force on the date of delivery of the latter of these two notifications.
(2) This Agreement shall be applied provisionally from the date of its signature
(3) On the date of entry into force of this Agreement, the Agreement between the Czechoslovak Republic and the Kingdom of Belgium on air services, signed in Brussels on March 12, 1957, shall be terminated in respect of the Czech Republic and the Kingdom of Belgium.
Done at Brussels this 6th day of April in two originals in the English language.

Annex
Section I
Routes to be operated by the Czech designated airline:
Points in the Czech Republic - any intermediate points - points in the Kingdom of Belgium - any points beyond
Note 1: Intermediate points and/or points beyond may be omitted on any or all flights.
Note 2: 5th freedom traffic rights are granted to/from intermediate points.
Note 3: 5th freedom traffic rights to/from points beyond within geographical Europe shall be subject to an agreement between the Aeronautical Authorities of both Contracting Parties.
Section II
Routes to be operated by the Kingdom of Belgium designated airline:
Points in the Kingdom of Belgium - any intermediate points - points in the Czech Republic - any points beyond Note 1: Intermediate points and/or points beyond may be omitted on any or all flights.
Note 2: 5th freedom traffic rights are granted to/from intermediate points.
Note 3: 5th freedom traffic rights to/from points beyond within geographical Europe shall be subject to an agreement between the Aeronautical Authorities of both Contracting Parties.
Section III
With reference to Article 13 (Capacity) of the Agreement the Contracting Parties agree to the immediate implementation of seven (7) frequencies per week by each designated airline.
As from 1st April 1997, this entitlement will be increased to fourteen (14) frequencies per week for each Contracting Party.
Each designated airline has the possibility to file a request with the Aeronautical Authorities for additional frequencies.

AGREEMENT BETWEEN THE GOVERNMENT OF THE BELGIUM REPUBLIC AND THE GOVERNMENT OF THE BELGIUM ROYAL
The Government of the Czech Republic
and
the Government of the Kingdom of Belgium
hereinafter referred to as Contracting Parties;
Parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, and
Desirous of concluding an agreement to develop air services between their respective territories and beyond,
The following agreed:
ARTICLE 1er
Definitions
For the purposes of this Agreement, unless the context otherwise provides:
(a) the term "Convention" means the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of the Convention and any amendments to the Annexes or Convention adopted under Articles 90 and 94 thereof, provided that these Annexes and Amendments have been ratified by the two Contracting Parties;
(b) the term "Aeronautical authorities" means in the case of the Czech Republic, the Ministry of Transport and in the case of the Kingdom of Belgium, the Ministry of Communications or, in both cases, any other authority authorized to perform the functions currently exercised by the said aeronautical authorities;
(c) the term "designated air transport undertaking" means an air transport undertaking that a Contracting Party has designated and notified in writing to the other Contracting Party and has been authorized in accordance with Article 3 of this Agreement to perform the services agreed on the routes specified in paragraph (1erArticle 2 of this Agreement;
(d) the terms "Territory", "Air Service", "International Air Service", "Air Transport Company" and "Non-commercial port of call" have the meaning assigned to them in Articles 2 and 96 of the Convention;
(e) the terms "Agreed Service" and "Specified Highway" mean scheduled international air service in accordance with Article 2 of this Agreement and the road specified in the Annex to this Agreement for the carriage of passengers, baggage and goods including mail in a separate or combined manner;
(f) the term "Capacity" in relation to the agreed services means the aircraft capacity used for these services multiplied by the frequency of operation of that aircraft for a specified period on a road or road section;
(g) the term "Booking System" (SIR) means a computerized system that provides information on the air transport company's schedules, availability in headquarters/space, prices/rates and services, by which reservations can be made and/or tickets can be issued and sold and that makes certain or all facilities available to travel and cargo agents;
(h) the term "Appendix" means the Annex to this Agreement or as amended in accordance with the provisions of Article 21 of this Agreement. The Appendix is an integral part of this Agreement and all references to the Agreement include the Appendix unless expressly agreed otherwise.
ARTICLE 2
Trafficking rights
(1) Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement for the establishment and operation of international air services by a designated air carrier(s) on roads specified in the relevant section of the Annex. These services and roads are referred to as "agreed services" and "specified routes".
(2) Pursuant to the provisions of this Agreement, the designated air carrier of each Contracting Party shall be entitled to the operation of the services agreed on the specified routes of the following rights:
(a) overflight, without landing, the territory of the other Contracting Party;
(b) make non-commercial ports of call in the territory of the other Contracting Party;
(c) board and disembark in the territory of the other Contracting Party, at points specified in the Annex, passengers, baggage and goods, including mail, in a separate or combined manner, intended for or from points in the territory of the first Contracting Party; and
(d) board and disembark in the territory of third countries at points specified in the Annex of passengers, baggage and goods including mail, in a separate or combined manner, intended for or from points in the territory of the other Contracting Party, specified in the Annex.
(3) The air carrier of each Contracting Party, other than those designated under Article 4 of this Agreement, shall also be entitled to the rights specified in paragraphs (2) (a) and (b) of this Article.
(4) Nothing in subsection (2) of this Article shall be construed as conferring on the Designated Air Transport Contractor of one of the Contracting Parties the right to board passengers, baggage, goods, including mail, on the territory of the other Contracting Party for carriage, for remuneration or under a rental contract, to another point in the territory of that other Contracting Party.
ARTICLE 3
Operational designation and authorization
(1) Each Contracting Party shall have the right to designate an air carrier for the operation of the services agreed to for that Contracting Party and shall have the right to withdraw the designation of the air carrier or to designate another air carrier to replace the first designated. Such designation shall be made effective through written notifications exchanged between the aeronautical authorities of the two Contracting Parties.
(2) The aeronautical authorities, upon receipt of the notification of designation, in accordance with the provisions of subsections (3) and (4) of this Article, shall grant the necessary operational authorizations to the air carrier of the other Contracting Party without delay.
(3) The aeronautical authorities of a Contracting Party may request the air carrier designated by the other Contracting Party to prove that it is qualified to meet the conditions prescribed by the laws and regulations in force for the operation of international air services by the aforementioned authorities in accordance with the provisions of the Convention.
(4) The aeronautical authorities of each Contracting Party shall have the right to refuse or accept the designation of an air carrier and to refuse the granting of the operating authorization resumed in paragraph (2) of this Article, or to impose as many conditions as it appears necessary for the exercise of the rights specified in Article 2 of this Agreement, where the Contracting Party does not have evidence that a substantial part of the ownership of that contract is
(5) Where an air carrier has been designated and authorized under this Article, it may operate entirely or part of the agreed services for which it has been designated provided that the rates and times established in accordance with the provisions of Articles 13 and 15 of this Agreement are applicable to such services.
ARTICLE 4
Revocation and suspension of rights
(1) The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement by the designated air carrier of the other Contracting Party or to impose conditions temporarily or permanently that it appears necessary for the exercise of such rights, if the said air carrier:
(a) cannot prove to the aeronautical authorities of that Contracting Party that it is in a position to fulfil the conditions prescribed under the laws and regulations applied by those authorities in accordance with the provisions of the Convention; or
(b) cannot prove that a substantial portion of the property and effective control are in the hands of the Contracting Party designating the air carrier or its nationals; or
(c) does not comply with or breach the laws and regulations of the Contracting Party granting these rights; or
(d) shall not comply with the conditions prescribed in this Agreement in the operation of the services agreed upon.
(2) Unless immediate action is required to prevent violations of the above-mentioned laws and regulations, the rights listed in paragraph 1er of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Unless otherwise agreed between the aeronautical authorities, such consultations between the authorities of the two Contracting Parties shall begin within sixty (60) days from the date of the request made by either of the aeronautical authorities.
ARTICLE 5
Application of Laws, Regulations and Procedures
(1) The laws, regulations and procedures of a Contracting Party governing on its territory, the entry, residence or exit of an aircraft of its designated air carrier assigned to an international air service, and the operation and navigation of that aircraft during its stay shall be applied to the aircraft of the designated air carrier of the other Contracting Party and shall be observed by that aircraft at the entrance, exit and at that time.
(2) The laws, regulations and procedures of a Contracting Party governing in its territory, the entry, stay, transit or departure of passengers, crews, baggage and goods including mail such as laws, regulations and procedures concerning the entry, exit, passports, customs, currencies and sanitary or health procedures shall be applied to passengers, crews, baggage, aircraft and mail transported by the company
(3) In the application of customs, quarantine or similar regulations, no Contracting Party shall accord preference to its own air carrier or to any other air carrier in relation to the air carrier of the other Contracting Party providing similar international air services.
ARTICLE 6
Aviation safety
(1) In accordance with their rights and obligations under international law, Contracting Parties reaffirm that their mutual obligation, to protect civil aviation from acts of unlawful intervention, to ensure its safety, is an integral part of this Agreement.
(2) The Contracting Parties in particular comply with the provisions of the Convention on Offences and Certain Other Acts on Board Aircraft, signed in Tokyo on 14 September 1963, of the Convention for the Suppression of the Illicit Capture of Aircraft, signed in The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September 1971 and of the Protocol for the Suppression of Unlawful Acts of International Aviation
(3) The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful acts directed against the safety of that aircraft, passengers and crews, airports and air navigation facilities and services, as well as any other threat to aviation safety.
(4) The Contracting Parties in their mutual relations comply with the aviation safety provisions established by the International Civil Aviation Organization and designated as annexes to the Convention, to the extent that these provisions apply to the Contracting Parties; They require aircraft operators registered by them, or aircraft operators who have the main seat of their operation or permanent residence on their territory, and airport operators located in their territory, to comply with these provisions relating to aviation safety.
(5) Each Contracting Party undertakes to observe by these aircraft operators the aviation safety provisions referred to in paragraph (4) prescribed by the other Contracting Party at the entry, exit and within the territory of that other Contracting Party.
(6) Each Contracting Party undertakes to take the appropriate measures in its territory to ensure the protection of the aircraft and the inspection of passengers, crews, hand baggage, baggage, cargo and cargo vessels before and during boarding or loading.
(7) Each Contracting Party shall also consider, with due diligence and in a positive spirit, any request of the other Contracting Party for reasonable security measures against a particular threat.
(8) When an act of unlawful capture of a civilian aircraft or any other unlawful act directed against the safety of such aircraft, its passengers and crews, airports and air navigation facilities and services is committed, or where there is a threat of such an act, the Contracting Parties shall assist in facilitating communications and other appropriate measures, intended to put an expeditious and secure end to the act or threat of act.
(9) Where a Contracting Party has serious reasons to believe that the other Contracting Party derogates from the provisions on aviation safety set out in this Article, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. The failure to reach a satisfactory agreement within one (1) month of the date of this application justifies the application of Article 4 of this Agreement. If required, each Contracting Party may, before the expiration of the one-month period, make interim arrangements.
ARTICLE 7
Recognition of Certificates, Patents and Licences
(1) Certificates of Airworthiness, Certificates of Fitness and Licences issued or validated by one of the Contracting Parties and not expired shall be recognized as valid by the other Contracting Party for the operation of the services agreed upon, provided that such certificates, patents and licences are at least equal to or exceeding the standards established under the Convention.
(2) Each Contracting Party reserves the right, however, to refuse to recognize, for the purposes of flights carried out above its own territory, the suitability and licences granted to its own nationals by the other Contracting Party or by the other State.
ARTICLE 8
Customs and other duties
(1) On the basis of reciprocity, each Contracting Party shall exempt the designated air carrier of the other Contracting Party from import restrictions, customs duties, inspection fees and other national and local taxes and duties on aircraft, fuels, lubricants, consumable technical supplies, spare parts including engines, normal equipment used for aircraft, provisions of aircraft and food (including
(2) The exemptions granted under this section apply to the objects referred to in paragraph 1er of this Article:
(a) introduced in the territory of one of the Contracting Parties by or on behalf of the air carrier of the other Contracting Party;
(b) retained on the aircraft of the designated air carrier of a Contracting Party upon arrival on the territory of the other Contracting Party until the departure of that territory; and
(c) taken on board aircraft of the designated air carrier of a Contracting Party in the territory of the other Contracting Party and intended for use in the operation of the agreed services; whether or not these objects are used or consumed completely or partially in the territory of the Contracting Party granting the exemption provided that they are not alienated in the territory of that Contracting Party.
(3) Normal aircraft equipment and supplies and supplies generally retained on board aircraft of the air carrier designated by one of the Contracting Parties shall not be disembarked on the territory of the other Contracting Party without the approval of the customs authorities of that territory. In this case, they may be placed under the supervision of such authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.
(4) The exemptions provided for in this Article shall also be granted where the air carrier designated by one of the Contracting Parties has entered into arrangements with another air carrier that has the same exemptions from the other Contracting Party for the loan or transfer to the territory of the other Contracting Party of the objects specified in paragraph 1 of this Article.
(5) On the basis of reciprocity, each Contracting Party shall grant the deduction of the value-added tax or similar indirect taxes on goods and services provided to the air carrier designated by the other Contracting Party and used for the operation of its international air services. The discount can be made in the form of exemption or refund.
ARTICLE 9
Use of airports and air navigation facilities
(1) The rights imposed on the territory of one of the Contracting Parties to the designated air carrier of the other Contracting Party for the use of air navigation airports and other facilities shall not be higher than those paid by its identical national aircraft providing similar international air services.
(2) For the use of airports, airways, air traffic services and related facilities under its control, no Contracting Party may promote its own air transport undertaking or any other air transport undertaking in relation to the air transport undertaking of the other Contracting Party providing similar international air services.
ARTICLE 10
Direct transit
Except as provided for in Article 6 of this Agreement and the prevention of trafficking in narcotic drugs and substances, passengers in direct transit on the territory of a Contracting Party, not leaving the area of the airport reserved for that purpose, shall be subject only to simplified control. Baggage and goods in direct transit will be exempt from all customs duties and other taxes. This Article shall not prevent a Contracting Party to the Schengen Agreements from fulfilling its obligations.
ARTICLE 11
Sale of services and transfer of funds
(1) Subject to appropriate authorization in accordance with the respective national laws and regulations and on the basis of reciprocity, the designated air carrier of a Contracting Party may freely sell its air transport services on the territory of the other Contracting Party; either directly or at its discretion through its agents and any person shall be free to buy and pay such services in local currency or freely convertible as authorized by the foreign exchange regulations in force on that territory.
(2) The designated air carrier of the Contracting Parties shall have the right to convert and transfer into a currency freely convertible to its territory the balance between revenues and local expenditures collected in the territory of the other Contracting Party. The transfer shall be carried out in accordance with the foreign exchange regulations in force on the territory of the other Contracting Party to the current conditions of exchange rates in accordance with the day the transfer takes place. This transfer will be made without delay and will not be subject to any charge except those normally imposed by banks for such transactions.
(3) If payments between Contracting Parties are subject to a special agreement, this agreement will be implemented.
ARTICLE 12
Rates
(1) The term "Tariff" referred to below means the prices or charges to be paid for the carriage of passengers, baggage and goods (excluding pay and terms and conditions for the transport of mail) and the conditions to which these prices and charges apply, including the fees to be paid for the transport to agency services, the charges and conditions for all auxiliary services to such carriage offered by air carriers and including all significant benefits.
(2) The rates applied by the designated air transfer undertaking of a Contracting Party for the services covered by this Agreement shall be fixed at reasonable rates, with due regard to all relevant elements of appreciation including the interests of users, operating costs, the characteristics of the service (such as speed standards and accommodation), the rate of commission, a reasonable benefit, the rates of other air carriers and other marketers. Contracting Parties shall not accept discriminatory, abnormally high or restrictive rates as a result of abuse of dominant or artificially low position as a result of direct or indirect subsidies or aids or scams.
(3) Designated and relevant air carriers of the two Contracting Parties shall, where possible, agree on tariffs after the interviews required with their respective governments and if possible after consultation with other air carriers. Such an agreement will, if possible, be implemented using an appropriate international tariff coordination mechanism. If there is no bilateral or multilateral agreement, each designated air carrier will be able to establish rates individually.
(4) The aeronautical authorities of each Contracting Party may request to file with the supporting documents the tariffs proposed by the air carrier of the other Contracting Party for the carriage on specified routes from and to its territory and for transport through these specified routes from and to third countries. This deposit will be made at least forty-five (45) days before the proposed date for entry into force. With the agreement of the aforementioned authorities, this period can be reduced for individual cases.
(5) Tariffs for round-trip or round-trip transport requested by designated air carriers on specified routes and for transport on these specified routes to third countries will be subject to approval by the aeronautical authorities of the Contracting Party in the territory of which the point of departure or beginning of the entire journey is located.
(6) For transport between the territories of the Contracting Parties, the aeronautical authorities of each Contracting Party allow the designated air carrier of the other Contracting Party to align themselves with any tariff, including those established by a combination of compatible tariffs, generally authorized to be applied by an air carrier of each Contracting Party or a third country for services comparable between the same points, including charter prices.
(7) The approval of the tariffs may be formally given to the air carrier that has filed the tariffs. However, if, within twenty-one (21) days from the date of submission, the aeronautical authorities concerned have not expressed in writing their disagreement with the relevant air carrier and the aeronautical authorities of the other Contracting Party, the tariffs in question will be considered approved. In the event that the filing period has been reduced in accordance with paragraph 4 of this Article, the aeronautical authorities may agree that the period in which any disagreement is to be given is reduced accordingly.
(8) Pending the decision of the aeronautical authorities of the Contracting Party concerned, the designated air carrier may undertake market, advertising and sales actions based on the proposed tariffs for the carriage to commence at the time of the proposed date of entry into force or after that date as long as they are referred to as "subject to government approval". In no case can advertising and sales be made prior to the filing of the proposed tariffs with the aeronautical authorities of the two Contracting Parties.
(9) The aeronautical authorities of each Contracting Party may request a consultation on any tariff of an air carrier of each Contracting Party for the services covered by this Agreement. This consultation will take place no later than twenty-one (21) days after the request is received. If no agreement is reached, the decision of the aeronautical authorities of the Contracting Party of the territory whose carriage is originating shall be preponderant.
(10) A tariff established in accordance with the provisions of this Article shall remain in effect unless it is withdrawn by the air carrier concerned or has expired or otherwise expired until a new tariff is approved. In accordance with the aeronautical authorities of the Contracting Party concerned, the applicable tariff may be extended after the normal expiry date. However, a tariff may not be extended for more than twelve months after its expiry date.
(11) The aeronautical authorities of each Contracting Party have the right to investigate violations of tariff and sales conditions by the air carrier, the passenger and cargo officer, the travel organizer or the charterer.
ARTICLE 13
Capacity
(1) Capacity to be offered on services agreed by designated air carriers will be approved by the aeronautical authorities of both Contracting Parties in a fair and fair manner.
(2) In the operation of the agreed services, the air carrier designated by one of the Contracting Parties shall take into account the interests of the air carrier designated by the other Contracting Party, so as not to unduly affect the services it provides on all or part of the same road.
(3) The agreed services provided by the air carriers designated by the Contracting Parties shall have a close relationship with the public's transportation requirements on the specified routes and shall have the primary objective of ensuring, according to a reasonable coefficient of pay, sufficient capacity to meet the normal and normally foreseeable transport needs of passengers and/or goods including mail coming or to the territory of the Contracting Party that has designated the transportation undertaking. Carriage of passengers and/or goods including courier boarded and disembarked in points of the specified routes located in the territories of states other than the one that has designated the air carrier will be assured in accordance with the general principle that the capacity must be adapted:
(a) the requirements of traffic to and from the territory of the Contracting Party that has designated the air carrier;
(b) the requirements of the traffic in the region through the air transport undertaking, taking into account other transportation services provided by the air carriers of the States of the region; and
(c) the requirements for long-haul air services.
ARTICLE 14
Schedule
(1) At least forty-five (45) days in advance, the air transport company designated by a Contracting Party shall forward for approval the aeronautical authorities of the other Contracting Party the schedule of its services while specifying their frequency, type of aircraft, hours, configuration and number of seats available to the public and the period of validity of these times.
(2) All significant changes to the approved schedules of the designated air carrier of a Contracting Party shall, with the exception of an aircraft type change for operational reasons, be subject to the approval of the aeronautical authorities of the other Contracting Party.
ARTICLE 15
Representation of the air carrier
(1) The air carrier designated by one of the Contracting Parties is authorized, on a reciprocal basis, to assign and maintain on the territory of the other Contracting Party their representatives and employees in the commercial, technical and other sectors normally required for the operation of the agreed services.
(2) Representatives and employees shall observe the laws and regulations in force in the territory of the other Contracting Party.
(3) While respecting the laws and regulations in force in the respective territories, the designated air carriers of the two Contracting Parties have the right to open one or more offices in the territory of the other Contracting Party to promote air transport and the sale of air transportation services.
(4) Each Contracting Party shall, on a reciprocal basis and within a minimum period, grant employment authorizations, visas or similar documents necessary to enable representatives and employees mentioned in paragraphs (1)er) and (2) of this Article to perform their duties.
ARTICLE 16
Ground services.
(1) On the basis of reciprocity, each Contracting Party authorizes the designated air carrier of the other Contracting Party to choose on the territory of the other Contracting Party for the total or partial execution of its ground services an agent among the agents present on the market who are recognized as such by the competent authorities of the other Contracting Party.
(2) In addition to subsection (1) of this Article, each designated air carrier is authorized to perform its own ground service in respect of passenger registration operations. This right is subject only to the provisions inherent in the airport's security and safety conditions and does not include air services. Where safety and security considerations prevent any clean ground service specified in this paragraph, such ground services shall be made available without preference or discrimination to any air carrier providing similar international services.
ARTICLE 17
Computerized reservation system
(1) The Contracting Parties agree that the computerized reservation system (IRS) will operate on their respective territories in such a way that:
(a) the interest of consumers of air transportation products is protected from misuse of IIR information, including their questionable presentation;
(b) the air carrier of a Contracting Party and the air carriers may have unrestricted and non-discriminatory access and use IIRs in the territory of the other Contracting Party;
(c) the SIR Code of Conduct applicable in the territory of each Contracting Party or in the event of absence a Resolution of the Code of Conduct concerning the Regulations and the IRB Wiring adopted by the ICAO Council is applicable for the distribution of international air services products for passengers and goods.
(2) A Contracting Party shall guarantee free and complete access in its territory to the SIR chosen as a basic system by the designated air carrier of the other Contracting Party. No Contracting Party may impose or accept on its territory that the SIR chosen by the designated air carrier of the other Contracting Party shall be required to impose more stringent requirements than those imposed on the SIR of its own designated air carrier.
ARTICLE 18
Information exchange
The aeronautical authorities of each Contracting Party shall provide or ensure that their designated air carriers provide to the aeronautical authorities of the other Contracting Party upon request, periodic statistical tables or similar information on traffic carried by the designated air carrier on the routes specified in this Agreement in order to be able to review the operation of the agreed services.
ARTICLE 19
Consultations
(1) In a spirit of close collaboration, the aeronautical authorities of the Contracting Parties shall, from time to time, contact either through maintenance or in writing to ensure close collaboration on all matters relating to the application of this Agreement.
(2) Each Contracting Party may at any time request consultations on any problems relating to this Agreement. Unless otherwise agreed between the Contracting Parties, such consultations shall begin within sixty (60) days from the date of receipt of the request of the other Contracting Party.
ARTICLE 20
Amendments
(1) If one of the Contracting Parties deems it desirable to amend any provision of this Agreement, this amendment, if accepted by the Contracting Parties, will enter into force through the exchange of diplomatic notes. The date of exchange of these notes will be the date of delivery of the last of these two notes.
(2) Amendments to the Annex to this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They will be provisionally applied from the date they were accepted by the so-called authorities and will enter into force upon confirmation by exchange of diplomatic notes.
(3) If a multilateral convention of a general nature concerning international air transport and influencing relations between the two Contracting Parties enters into force, this Agreement shall be amended to make it compatible with the provisions of such a multilateral convention provided that these provisions have been accepted by the two Contracting Parties.
ARTICLE 21
Settlement of disputes
(1) If a dispute arises about the interpretation or application of this Agreement, the aeronautical authorities of the Contracting Parties shall first endeavour to resolve it through negotiations.
(2) If the aeronautical authorities fail to reach an agreement, the dispute will be resolved through negotiations between the Contracting Parties.
(3) If the dispute cannot be settled in accordance with subsection (2) above, each Contracting Party may submit the dispute to an arbitral tribunal.
(4) The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint a member and both shall agree to designate as President a third country national. These members shall be appointed within two months and the President shall be terminated within three months from the date on which each Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal.
(5) If the deadlines set out in subsection (4) above have not been met, either Contracting Party may, in the absence of any relevant agreement, invite the President of the Council of the International Civil Aviation Organization (ICAO) to make the necessary arrangements. If the President is a national of one or the other Contracting Party or if he or she is for any other reason discharged from that position, the Vice-President shall be the alternate Vice-President who shall make the necessary arrangements.
(6) The arbitral tribunal shall make its decisions by a majority of votes. These decisions will be mandatory for Contracting Parties. Each Contracting Party shall be subject to the costs of its member and its costs of representation in the course of the arbitral proceedings; the costs inherent to the President and all other costs will be shared equally between the Contracting Parties. For all other aspects, the arbitral tribunal will determine its own procedure.
ARTICLE 22
Registration
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 23
Denunciation
Each Contracting Party may, at any time, notify the other Contracting Party in writing by diplomatic means of its decision to denounce this Agreement. This notification will be sent simultaneously to the International Civil Aviation Organization. In this case this Agreement shall terminate twelve (12) months after the date of receipt of the notification by the other Contracting Party unless the notification of denunciation is withdrawn by mutual agreement between the Contracting Parties before the expiry of that period. In the absence of an acknowledgement of receipt from the other Contracting Party, the notification shall be deemed to have been received fourteen (14) days after the date of its receipt by the International Civil Aviation Organization.
ARTICLE 24
Entry into force
(1) Each Contracting Party shall notify, by diplomatic note, the other Contracting Party that the constitutional formalities required in their respective countries for approval of this Agreement have been taken. This Agreement shall enter into force on the date of receipt of the last of the two notifications.
(2) This Agreement shall be provisionally implemented from the date of its signature.
(3) At the date of entry into force of this Agreement, the Air Agreement between the Czech Republic and the Kingdom of Belgium signed in Brussels on 12 March 1957 will end for the Czech Republic and the Kingdom of Belgium.
Done in Brussels on 6 April 1998 in duplicate in the English language.

Annex
Section Ire
Routes to be operated by the designated Czech air carrier:
Points in the Czech Republic - all intermediate points - points in the Kingdom of Belgium - all points beyond.
Note 1: Intermediate and/or beyond points may not be served by flight or flights.
Note 2: Traffic rights in 5e freedom is allowed to or from intermediate points.
Note 3: Traffic rights in 5e freedom to or from points beyond within Europe "geographic" will be subject to the agreement of the aeronautical authorities of the two Contracting Parties.
Section II
Routes to be operated by the designated Belgian air transport company:
Points in the Kingdom of Belgium - all intermediate points - points in the Czech Republic - all points beyond.
Note 1: Intermediate and/or above points may not be served by flight or flights.
Note 2: Traffic rights in 5th freedom are allowed to or from intermediate points.
Note 3: Traffic rights in 5e freedom to or from points beyond within Europe "geographic" will be subject to the agreement of the aeronautical authorities of the two Contracting Parties.
Section III
With reference to Article 13 (Capacity) of the Agreement, Contracting Parties agree to an immediate operation of seven (7) frequencies per week for each designated air carrier.
From 1er April 1997, this authorization will be extended to fourteen (14) frequencies per week for each Contracting Party.
Each designated air carrier will be able to apply to aeronautical authorities to obtain additional frequencies.