69/1997.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 16 June. August 1993 was in
Pretoria Agreement signed between the Government of the United Kingdom and the Government of
The South African Republic on air transport. The agreement on the basis of article
25 is tentatively carried out from the date of signature and entered into force on 14.
September 1993. English translation of the agreement shall be published at the same time.
The AGREEMENT
between the Government of the United Kingdom and the Government of South Africa on air
transport
The Government of the United Kingdom and the Government of South Africa (referred to hereafter as the
"the Contracting Parties");
being parties to the Convention on international civil aviation, opened for
signature at Chicago on December 7, 1944; and
Desiring to conclude an agreement, which complements the aforementioned Convention for the
the purpose of the establishment and development of air services between and beyond their respective territories
States;
have agreed as follows:
Article 1
The definition of the
(1) for the purposes of this agreement, unless the text indicates otherwise:
(a) the term "Convention" means the Convention on international civil aviation
opened for signature at Chicago on the seventh of December, 1944, and includes
any annex adopted under article 90 of that Convention and any
amendment to the Convention, if these annexes and amendments have been ratified or adopted
both Contracting Parties;
(b) the term "aviation authorities" means, in the case of the Government of the Czech Republic
The Ministry of transport, the Minister responsible for civil aviation or
any person or body responsible for the exercise of functions in civil
Aviation or similar functions, and, in the case of the Government of South Africa
The Ministry of transport, the Minister responsible for civil aviation or
any person or body responsible for the exercise of functions in civil
Aviation or similar functions;
(c) the term "service" means an air service established on
established routes, in accordance with article 3, paragraph 3. (2) this agreement;
(d) the terms "air service", "international air service", "air
Enterprise "and" landing for the needs not the business "shall have the meaning given
in article 96 of the Convention;
(e) the term "equipment" means articles other than stocks and
spare parts removable nature for use on board an aircraft during
flight, including first aid and survival equipment accidents;
(f) the term "designated by air" means the aviation business, which was
designed by one party to be entitled to the other Contracting Party in accordance with
Article 4 of this agreement;
(g) the term "spare parts" means articles used to repair or
the Exchange, which will be added to the aircraft, including engines and propellers;
(h) the term "fixed line" means a line laid down in the annex to this
The agreement;
(i) the term "stocks" means the eligible items for immediate consumption when
the use or sale of the on board an aircraft in flight, including items
intended for sale;
(j) the term "tariff" means the prices to be paid for the carriage of
passengers and cargo and the conditions under which those prices apply,
including prices, commissions, and the conditions for the agent and other ancillary services, but
does not include fees and conditions for the carriage of mail; and
(k) the term "territory" means, in relation to the State of the ground area,
inland waters and the adjacent territorial waters to them, standing under the
the sovereignty, suzerainty, protection or mandate of the competent State.
(2) the annex to this agreement forms an integral part of this agreement and all
the appeal to this agreement, unless expressly provided otherwise, include
the said attachment.
Article 2
Application Of The Convention
The provisions of this Agreement will be subject to the provisions of the Convention on international
Civil Aviation, which are applicable to international air services.
Article 3
The granting of traffic rights
(1) each contracting party grants to the other Contracting Party the rights set out
in this agreement for the purpose of the establishment and operation of international air
services designated by the airline company on the routes set out in the relevant
part of the annex. These services and the lines are further referred to as "agreed
the service "and" fixed line ".
(2) pursuant to the provisions of this Agreement shall be specified by each air
the Contracting Parties to use during the operation of the agreed services on the specified line
the following rights:
(a) the right to fly without landing across the territory of the other party;
(b) the right to land in that territory for the purposes not commercial;
(c) the right to load and unload in that territory at the points provided for in
The annex to the passengers, baggage, cargo and mail destined for or originating in the
of the places on the territory of the other Contracting Party; and
(d) the right to load and unload on the territory of third countries in the areas
set out in the annex to the passengers, baggage, cargo and mail destined for the
or originating from sites on the territory of the other Contracting Party, as referred to in
The annex.
(3) in this article cannot be considered as conferring rights
the company's designated airline of one Contracting Party to the management on board
passengers, cargo and mail on the territory of the other party for other
place on the territory of that other party.
(4) between the Contracting Parties shall apply the provisions of the agreement on the
international air services transit, opened for signature at Chicago
the seventh day of December 1944.
(5) the provisions of paragraphs (1) and (2) of this article shall be applied for
all types of civil aircraft.
Article 4
Determination of the air companies
(1) each Contracting Party has the right to designate in writing to the other party
one or more airline companies to operate the agreed services on the
established lines. For practical reasons, will further the concept of air
the firm used in the singular.
(2) the aeronautical authority of the other party upon receipt of notice of such
destination grants without delay, subject to the provisions of paragraphs (3) and (4)
This article, the air company designated pursuant to paragraph (1) of this
Article the operating permission.
(3) in order to grant the appropriate operating authorization referred to in paragraph
(2) of this article, the aeronautical authority of one Contracting Party to require
Aviation firm designated by the other Contracting Party, to prove that it is
eligible to adhere to the conditions laid down in the laws and regulations that
the authority usually applied in the operation of international air services in the
accordance with the provisions of the Convention.
(4) where the Contracting Party is not satisfied that a substantial part of
ownership and effective control of that airline are vested in the contracting business
the party, which has identified the aerospace company, or by its nationals,
will have the right
(a) refuse to grant the operating permission referred to in paragraph (2)
of this article; or
(b) the designated air company save for the exercise of the rights provided for in
Article 3 of this agreement, the terms and conditions that it considers necessary.
(5) the aviation business, which was intended to be entitled to under this article,
can operate the agreed services, to which he was entitled to, provided,
that are in effect for this service tariffs set in accordance with articles 8 and
14 of this agreement and that this air company will always be respected.
Article 5
Revocation or suspension of operating privileges
(1) the Contracting Party has the right to revoke the operating authorisation or to suspend
exercise of the rights granted by this agreement designated an air company of the second
Contracting Party, or save to the exercise of such rights and the conditions that
considers it necessary to
(a) in any case where it is not satisfied that the majority of
ownership and effective control of the aviation company belongs to the Contracting
the party, which has designated air, or nationals of the
the Contracting Parties; or
(b) in the case of the air does not comply with laws and regulations
valid on the territory of the Contracting Party providing such rights; or
(c) in any case where the air is not according to the conditions
set out in this agreement.
(2) this right will be exercised only after consultation with the aviation authority
the other Contracting Party, unless immediate revocation, suspension of rights or
the imposition of the conditions mentioned in paragraph (1) of this article, it is necessary to
to prevent further infringements of laws or regulations or the provisions of this
The agreement.
Article 6
Recognition of certificates and licences
(1) a certificate of airworthiness, diplomas and certificates, issued or
confirmed as valid by one party and which
not over yet, the other party will be deemed valid for the operation of
agreed services on specified routes, provided that this
certificates of airworthiness, certificates and licences have been issued or
confirmed as valid according to the standards laid down in the Convention.
(2) each Contracting Party shall, however, reserve the right to refuse to recognize, for the
flights above its territory and permits granted by the diplomas of the State
nationals of the other Contracting Party.
Article 7
The application of laws and regulations
(1) the laws and regulations of one Contracting Party governing entry, inside
or the output from its territory of aircraft of its own designated air
the undertaking in the implementation of the international flight or operation and navigation
of such an aircraft on its territory will be applied in the same way towards
the aircraft designated air company of the other party, and this will be
the aircraft followed on entry or exit, or the traffic on the territory of the State
This first party.
(2) the laws and regulations of the parties, which govern contractual entry, residence
or the output from its territory of passengers, crew, for goods or mail,
as are the laws and regulations regarding entry, exit,
immigration, emigration, passports, as well as customs,
health and sanitary measures will apply to passengers, crew,
goods and mail carried by aircraft designated air company second
the Contracting Parties shall on entry or exit and stay on the territory of that
the Contracting Parties. These laws and regulations will be applied to the specified
Aviation Enterprise of one Contracting Party as well as to the intended
the aviation company of the other party.
Article 8
Flight schedules
(1) the air an undertaking designated by either party shall submit to the air
authority of the other party of their intended flight schedules services to
the approval of at least sixty (60) days in advance, uvádějíc number of frequencies,
aircraft type, layout and the number of seats available for the public.
(2) if the specified air company will want to perform additional flights to
those that are contained in the approved flight schedules, the remainder of these
flights with a designated airline of the other party undertaking. In the case that
cannot be achieved by arrangements between designated airlines companies will be
the matter resolved by the two aviation authorities.
(3) any subsequent changes to the approved flight schedules the specified
the aviation company will be submitted for approval to the aviation authority other
the Contracting Parties.
Article 9
The implementation of agreed policy services
(1) the designated airline of each contracting party undertaking will be provided
fair and equitable treatment, in order to allow them the same
the opportunity to operate the agreed services. Each Contracting Party shall take, in
the framework of their competences, take all necessary measures to eliminate all
forms of discrimination or unfair competitive practices, adversely
acting on the competitive position of an air company of the other Contracting
party.
(2) for the assessment of the implementation of the agreed services shall be taken into account
the current and reasonably expected transport requirements and the capacity offered
on each of the lines.
Article 10
Exceptions to the customs, inspection, and other similar charges
(1) the aircraft used to operate the agreed services by the designated air
undertakings of either Contracting Party, as well as their usual equipment,
the delivery of fuel and oils and supplies (including food, beverages and
tobacco) on board such aircraft shall be exempt from all after landing
Customs duties, inspection fees and other similar benefits for
provided that the equipment, supplies and supplies remain on board the aircraft
in the meantime, before they are exported or used again during the flight
conducted over the territory of the Contracting Party concerned.
(2) subject to paragraph (3) of this article shall be from all customs
fees, inspection fees and other similar benefits, with the exception of
the fees corresponding to the provided services also excluded:
(a) inventory of aircraft, taken on board in the territory of the Contracting Parties in the framework of the
the limits set by the aeronautical authorities of that Contracting Party, intended for
use on board aircraft departing designated air company
the other Contracting Party and used for agreed services;
(b) spare parts imported into the territory of any Contracting Party for the maintenance
or repair of aircraft used in the agreed services by the designated
air company of the other party; and
(c) fuel and oil supplied přilétávajícímu/
/tranzitujícímu/odlétávajícímu aircraft operated by when agreed
services designated by the air company of the other party, even if part of the
these supplies should be taken during the flight, operated over the territory
the Contracting Party in which they have been taken on board.
(3) materials and supplies referred to in paragraph (2) (a). (a), (b) and (c)
This article may be subject to customs supervision or control.
(4) the exceptions provided for in paragraph (2) (a). (b) of this article shall be
also applicable in the case of air one Contracting Party
agreed with another air company in the territory of the other Contracting Party that
Similarly, enjoys such exemptions from the other party, to borrow a
or transfer of items set out in paragraph (2) (a). (b) of this
article.
Article 11
Unloading equipment, material and supplies
The usual flight facilities, as well as materials and supplies stored on board
designated air business aircraft of either Contracting Party may be
landed on the territory of the other Contracting Party only with the approval of the customs
of the other party, and these customs may require that facilities,
materials and supplies were stored under her supervision until then, than
will be exported or otherwise will be treated in accordance with the customs
laws and regulations.
Article 12
Direct transit
Passengers in direct transit across the territory of the contracting parties who do not leave the
part of the airport designated for such purpose, shall, with the exception of the measures on the
protection from crime and air piracy, subject only to simplified
inspection. Luggage and goods in direct transit will be exempt from
Customs and other fees.
Article 13
Protection against unlawful acts
(1) the Contracting Parties shall provide each other on request all necessary
help to prevent acts of unlawful seizure of civil aircraft and
other unlawful acts against the safety of such aircraft, its
the passengers and crew, airports and air navigation facilities, as well as
other threats to civil aviation safety.
(2) the Contracting Parties shall act in accordance with the provisions of the Convention on the
offences and certain other acts committed on board aircraft,
signed in Tokyo on 14. September 1963, the Convention for the Suppression of unlawful
seizure of aircraft, signed at the Hague on 16. December 1970, and the Convention on
the Suppression of unlawful acts against the safety of civil
Aviation, signed in Montreal on 23. September 1971.
(3) the Contracting Parties shall, in their mutual relations, act in accordance with the
provisions on the protection of civil aviation laid down by the International
Civil Aviation Organization and referred to as the annex to the Convention on the
the extent to which these provisions are in force for the Contracting Parties; they will be
require that operators of aircraft registered in their territory or
aircraft operators having a principal place of business or permanent
registered office in their territory and the operators of airports in their territory Act in
accordance with the following provisions on the protection of civil aviation.
(4) each Contracting Party agrees that it may be required that those
aircraft operators comply with the provisions relating to the protection of civilian
Aviation, referred to above in paragraph (3), required by the other Contracting
party for the entry, exit and residence in the territory of that other party.
(5) each Contracting Party shall ensure that within its territory the adoption of corresponding
measures to protect aircraft and to inspect passengers, crew,
carry-on baggage, checked baggage, cargo and aircraft stores prior to
and during boarding or loading.
(6) each Contracting Party shall consider sympathetically any
the request of the other party to the appropriate special security
measures to counter a specific threat.
(7) in the case of an act or threat of committing unlawful seizure of
civil aircraft or another crime against the safety of such aircraft,
their passengers and crew, airports or navigation device
the Contracting Parties shall assist each other by facilitating the transmission of reports and other
the relevant provisions pointing to exit quickly and safely
such acts or threats.
(8) If a party Has reasonable grounds to believe that the other Contracting
the party has deviated from the provisions of this article to the protection of civilian
Aerospace, aeronautical authority of the first Contracting Party may request the urgent
consultation with the aviation authority of the other Contracting Party.
Article 14
Tariffs
(1) the tariffs used by the undertaking to the designated airline of each Contracting Party for
the services referred to in this Agreement shall be determined in the appropriate amount, and
will be taken to all of the account of the eligible actors, such as
the cost of the operation, the interests of users, the nature of the services (such as speed and
travel arrangement), intermediary remuneration rates, reasonable profit
and the tariffs of other air companies. The Contracting Parties shall be considered as
unacceptable tariffs unfairly competitive or discriminatory, disproportionately
high or restrictive transport based on the abuse of a dominant
position or artificially low due to direct or indirect State subsidy
or support.
(2) the tariffs referred to in paragraph (1) will be agreed according to the options specified
Aviation businesses. Such an agreement can be reached using the appropriate
the international mechanism for the determination of tariffs.
(3) the designated Air Fares of the enterprise of one Contracting Party shall be
submitted to the aviation authorities of the two Contracting Parties not later than sixty (60)
days before their intended entry into force (hereinafter referred to as
"notification period"). In special cases, the notification may be
period on the basis of the agreement of the mentioned authorities shortened.
(4) the Fares will be considered approved, if both aviation authorities
disagrees with the tariffs within thirty (30) days from the date of their
the submission referred to in paragraph (3). In the event that the notification period was
in accordance with paragraph (3) is shortened, the aviation authorities may agree that the period
in which any disapproval must be notified, will be less than thirty (30)
days.
(5) tariffs set in accordance with the provisions of this article shall remain in
valid until the determination of the new tariffs.
(6) the designated airline businesses of both Contracting Parties may not require tariffs
different from those which have been established in accordance with this article.
Article 15
User fees
Fees and rates required on the territory of any Contracting Party in
connection with the operation of an air company of the other party for
the use of airports and other aviation facilities in the territory of the first Contracting
Parties will not be higher than those that are required when operating
any other aircraft similar to the origi.
Article 16
Commercial activity
(1) the designated air companies of both parties will be allowed to establish
on the territory of the other Contracting Party, the Office for the promotion of air travel and
the sale of tickets, as well as the use of additional equipment required for the
ensure air transport.
(2) the designated airline of one Contracting Party, the undertaking will be allowed to have, and
maintain in the territory of the other party, its management, sales, operating
and technical staff, which may be required in connection with the
by securing air transport.
(3) in its sole discretion the designated air company can be
staffing needs secured by its own staff or by using the
the services of other organizations, companies or air company active on the
the territory of the other Contracting Party and authorized in the territory of such a service
perform.
(4) each contracting party grants to the designated airline of the enterprise of the other Contracting
parties have the right to deal with the sale of air transportation in its territory either the
directly, or at its own discretion the aviation business through
its providers.
(5) the above-mentioned activities will be carried out in accordance with the laws and
the legislation of the other party.
Article 17
Transfers of the proceeds
(1) each Party shall provide to the designated air company second
the Contracting Parties the right of free transfer of surplus of income over expenditure
This air company obtained in the territory of the first Contracting Party in
connection with the carriage of passengers, baggage, cargo and mail. Conversion
will be carried out in accordance with the foreign exchange regulations in force in the territory of the
the Contracting Parties shall, on the basis of the official exchange rate in some of the free
convertible currencies.
(2) in the case that the way the payments between the Contracting Parties will be modified.
a specific agreement will be applied to this specific agreement.
Article 18
The place of taxation
Revenue obtained air transport undertaking designated by a Contracting Party of the
international transport activity will be taxable only in the State where the
headquarters of the said designated air company.
Article 19
The provision of information
Aviation Authority of each Party shall provide to the aviation authority of the other party
on the basis of its request for information on transport carried out on
agreed by the competent services designated by the air company. These
information will include statistics and any other information
required to determine the volume of shipments made by air companies on
the agreed services.
Article 20
Consultation
(1) in the spirit of close cooperation will be the aviation authorities of both Contracting Parties in
regular and frequent links that may take the Act or
Merge to ensure close cooperation in all
issues that can affect the performance of this agreement.
(2) any Contracting Party may at any time request consultations to
any issue relating to this agreement. These consultations will be
started within a period of sixty (60) days from the date the other party receives
the request, if it is not otherwise stipulated by the parties.
Article 21
Changes
(1) if one of the Contracting Parties considers it desirable to change the
any provision of this Agreement, this change will come into force, if
It is agreed between the parties, following the confirmation of the Exchange
diplomatic notes.
(2) amendments to the annex to this agreement may be agreed directly between the
the aeronautical authorities of the Contracting Parties. They will be implemented on a provisional basis from
the agreed date and shall enter into force upon confirmation of the Exchange
diplomatic notes.
(3) If, for the two parties to enter into force, the General
multilateral Convention on the scheduled international air services,
This agreement will be adjusted to match the provisions of such
multilateral convention only to the extent that such provisions have been
adopted by the two parties.
Article 22
Resolution of disputes
(1) any dispute concerning the interpretation or implementation of this agreement will be
settled by direct negotiation between the aeronautical authorities of the Contracting Parties. If
aviation authorities fail to reach agreement, the dispute shall be settled by diplomatic
along the way.
(2) if the Contracting Parties through their respective aviation authorities or
through the diplomatic channel to reach a settlement by negotiation, the dispute may be on
the request of any Contracting Party submitted to the decision of the Tribunal.
The Tribunal will be composed of three arbitrators, one to be determined by each Contracting
party, and the third will be agreed by the two arbitrators thus designated, provided
that the third arbitrator will not be a national of one of the Contracting
party. Each Contracting Party shall designate an arbitrator within a period of sixty (60) days
the date on which either party has received from the other party
by diplomatic note requesting arbitration of the dispute and the third arbitrator will be
agreed then, within the next sixty (60) days, or if a third
the arbitrator will not be specified in the mentioned period, may be asked by the President
Council of the International Civil Aviation Organization to appoint the arbiter
or arbitrators; provided that the President is a national of a
some of the Contracting Parties.
(3) the Tribunal shall determine its own rules of procedure.
(4) the Contracting Parties shall bear the costs of arbitration on a provisional basis, the same
the work of the arbitral tribunal's final decision.
(5) the Contracting Parties shall be subject to any interim and final
the decision of the Tribunal.
Article 23
Registration agreement and its amendments
This agreement and any subsequent changes will be Contracting Parties to the
registered with the International Civil Aviation Organization.
Article 24
Termination of the agreement
Each Contracting Party may at any time notify the other party in writing
its decision to terminate this agreement. Such notice will be
at the same time sent to the International Civil Aviation Organization. In such a
If the validity of this Agreement shall terminate twelve (12) months after the date on which the
the notification received by the other Contracting Party, if the notice of
Notice withdrawn by agreement before the expiry of the notice period. In
the absence of acknowledgement of receipt by the other party, notification
will be deemed delivered fourteen (14) days after the date of notification of the
received by the International Civil Aviation Organization.
Article 25
Entry into force
This agreement will be implemented provisionally from the date of signature; the entry in the
force when the Contracting Parties notify each other that they have complied with
their respective constitutional procedures.
In witness whereof the undersigned, being duly authorised thereto by their
by their respective Governments, have signed this agreement in duplicate in
the English language.
Done at Pretoria on 16. August 1993.
For the Government of the United States:
PhDr. Jan Stráský in r.
Minister for transport
For the Government of South Africa:
Dr. p. j. Welgemoed in r.
the Minister of transport, posts and telecommunications
XIII.
List of lines
1. The South African line
Intermediate Points points in South African in the United points for
Republic points to the Republic of
------------------------------------------------------------------
Points in the South African will be one point for Prague
the Republic will be determined later
later
------------------------------------------------------------------
2. the line
Intermediate Points points in the United in the South African points for
Republic points to the Republic of
------------------------------------------------------------------
Points will be determined in the United Johannesburg one point for
the Republic will be determined later
later
------------------------------------------------------------------
Note:
The specified air each Contracting Party may, at the established routes
omit one or more points, provided that the starting point of the line
located on the territory of the Contracting Party which has designated the airline business.
