On The Agreement Between Czechoslovakia And The Filipinskou Republic On Air Transport

Original Language Title: o Dohodě mezi ČSFR a Filipinskou rep. o letecké dopravě

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40391&nr=602~2F1992~20Sb.&ft=txt

602/1992 Sb.



The communication from the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 23 July. April 1992

was in the Prague agreement signed between the Government of the Czech and Slovak Federal

The Republic and the Government of the Philippines on air transport.



Agreement entered into force, pursuant to article XVI of the date of signature.



The Czech version of the agreement shall be published at the same time.



The agreement



between the Government of the Czech and Slovak Federal Republic and the Government of the Philippines

Republic on air transport



Government of the Czech and Slovak Federal Republic and the Government of the Philippines

Republic, hereinafter referred to as the Contracting Parties,



being parties to the Convention on international civil aviation and of the agreement on

transit of international air services, opened for signature at Chicago

on December 7, 1944, and



Desiring to conclude an agreement for the purpose of the establishment and the operation of air

services between and beyond the territories of the Czech and Slovak Federal Republic and the

Republic of the Philippines



have agreed as follows:



Article. (I)



For the purposes of this agreement, unless the text indicates otherwise:



(a) the term "aviation authorities" means, in the case of the Czech and Slovak

Federative Republic of the Federal Ministry of transport and/or any

the person or body responsible for carrying out the functions corresponding to now referred to

the Ministry, or similar functions, and, in the case of the Republic of the Philippines

Committee on civil aviation and/or any person or body authorised by

to perform the corresponding functions referred to Committee for civil aviation

or similar functions;



(b) the term "designated by air" means the air that one

Contracting Party shall designate by written notice to the other party in accordance with the

Article III of the agreement for the operation of air services on the routes

set out in the attached annex;



(c) the term "territory" in relation to the concept of the State means the land area and

adjacent to the territorial waters of them belonging to the sovereignty, sovereignty,

protection or mandate of the competent State;



(d) 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 of the annexes to the Convention or its articles 90 and 94;



(e) the terms "air traffic services", "international air transport

"service" means an air transport undertaking, "and" land for purposes not

business "shall have the meaning specified in article. 96 of the Convention;



(f) the term "service" means the scheduled air transport services

for the carriage of passengers, freight and mail to the routes set out in annex

to this agreement;



(g) the term "fixed line" means the line set out in the annex to this

The agreement;



(h) the term "Annex" means an annex to this agreement and its amendments

carried out in accordance with the provisions of article XII of this agreement. Annex

form an integral part of this agreement and all appeals to the agreement in itself

include an appeal to the attachment, if not explicitly stated otherwise.



Article II



(1) each contracting party grants to the other Contracting Party the rights set out

in this agreement, to allow the provision of air transport services set out in the

The annex to this agreement.



(2) pursuant to the provisions of this agreement, an air transport undertaking specified by each

a party will be when operating the agreed services on the specified line

enjoy the following rights:



(a) to fly without landing across the territory of the other party;



(b) land in that territory for the purposes not commercial;



and



(c) land in that territory at the points specified for the line in the

Annex to this agreement for the purpose of loading and unloading of passengers,

cargo and mail to international transport to or from the other points as follows

laid down.



(3) the provisions of paragraph (2) of this article, nezmocňují the specified air

the transport company of one Contracting Party to a treatment of passengers, goods,

or mail in the territory of the other Contracting Party to transport to another

space on the territory of that Contracting Party, whether for payment or rent.



Article. (III)



(1) each Contracting Party shall have the right to designate in writing to the other Contracting

one-side air transport company to operate the agreed services

on specified routes.



(2) aviation authority that has received a notice of determination, shall be granted, subject to the

the provisions of paragraphs (3) and (4) of this article, the designated air

the transport undertaking shall without delay, the appropriate operating authorisation.



(3) the aeronautical authority of one Contracting Party may require that it be air

the transport company designated by the other Contracting Party has demonstrated that it is capable

comply with the conditions established in the laws and regulations of the Office

normally and reasonably applied in the operation of international trade

air transport services in a manner that is not contrary to the provisions of

Of the Convention.



(4) each Contracting Party shall have the right to refuse the designation of an air

the transport undertaking and may suspend or revoke an air transport

the company granting the permission, the action referred to in paragraph (2) of this

Article, or to impose such conditions it deems necessary for the performance of

air transport undertaking operating permission is necessary, in

any case where it is not satisfied that the effective control of this

the air transport undertaking belongs to a Contracting Party which has designated

an air transport undertaking, or nationals of the Contracting Parties,

that identified aviation transport company.



(5) an air transport undertaking specified and authorised may begin

the operation of the agreed services in accordance with the provisions of article VII of this agreement, and

According to the statutory mandate of the Contracting Parties, aviation authorities as soon as they

comply with the provisions of paragraphs (1), (2) and (3) of this article.



(6) each Contracting Party shall have the right to stop the air transport

business performance of operating permissions referred to in paragraph (2) of this

Article, or to establish an air transport undertaking for the performance of operational

the permissions and conditions as it deems necessary, in any case,

When an air transport enterprise fails to comply with the laws and regulations of the Contracting Parties

granting the operating authorisation or otherwise does not flow under the terms

set out in this agreement. If it is not the immediate cessation of operation or

establishment of conditions necessary to prevent further infringements of laws or

regulations, this will be exercised only after consultation with the other

a Contracting Party.



Article IV



(1) the aircraft used for the operation of international services by the designated air

the undertaking of any Contracting Party, as well as their usual

equipment, supplies of fuel and lubricating oil and other supplies (including

food, beverages and tobacco) on board such aircraft shall be

on arrival in the territory of the other Contracting Party shall be exempt from all

Customs duties, inspection fees and other levies or taxes for

provided that such equipment and supplies remain on board the aircraft to the

meantime, than will be exported.



(2) from the same fees and taxes, with the exception of charges corresponding to the

performed services, will also be exempt:



(a) inventory of aircraft taken on board the aircraft of either Contracting Party,

within the limits laid down by the competent authorities of the Contracting Party for use

on board the aircraft performing international air transport service

the other Contracting Party;



(b) spare parts imported into the territory of the State of one Contracting Party for

the maintenance or repair of aircraft used for international air

transport service by the designated air transport undertaking other Contracting

party;



(c) fuel and lubricants destined to supply aircraft operated on a

international air transport services, the designated air

transport company of the other party, even when these supplies are

applied to the part of the journey performed over the territory of the State of the Contracting Party in

which have been taken on board.

It may be required that the material referred to in subparagraphs (a), (b) and

(c) has been under customs supervision or control.



(3) the exemption provided in paragraph (2) of this article shall be also

applicable when an air transport enterprise of one Contracting Party agreed

with another air transport undertaking, which similarly enjoys such

exemptions from the other party, of the lease or transfer of items

referred to in paragraph (2) of this article, on the territory of the other Contracting

party.



Article. In



Each specified by an air transport undertaking is entitled to maintain in the territory of

the other Contracting Party of its own technical and administrative staff,

This is without prejudice to the national provisions of the respective Contracting Parties.



Čl.VI



Each party warrants to the other party the right to free

the transfer of surplus of income over expenditures achieved on its national territory in

connection with the carriage of passengers, baggage, mail and

the goods designated by the air transport company of the other party in

any freely convertible currency according to the official exchange rate. If

the payment system between the parties adapted to a specific agreement, the

This agreement applied.



Article. (VII)



(1) the laws and regulations of one Contracting Party governing entry and

the output of aircraft engaged in international air transport services from the

its national territory, or that relate to the operation and flying of these

aircraft on its national territory, are binding for the aircraft of the air


transport company designated by the other Contracting Party and shall be respected

These aircraft when the input, output, and when operating on the territory of the first State

the Contracting Parties.



(2) the laws and regulations of one Contracting Party governing entry and

the output of the passengers, crew or cargo of aircraft from its national territory,

such as regulations relating to entry, exit, immigration, passports,

Customs, quarantine, will be followed by those of passengers, crews, or

cargo pump air transport an undertaking designated by the other

a party, or on their behalf, upon entry, or exit, or

the stay on the territory of the first party.



Article. (VIII)



(1) the tariffs used by the specified air transport undertaking of one of the Contracting

Parties for transportation to and from the territory of the other Contracting Party shall be

laid down in the appropriate amount, and will take account of all into account

or so factors such as operating costs, reasonable profit and

the tariffs of other air transport companies.



(2) the tariffs referred to in paragraph (1) of this article shall be according to the options

agreed upon by the designated airlines of both Contracting Parties by transport undertakings after

consultation with other air transport companies that fly across or

part of the line, and this agreement will be reached, if possible,

through the mechanism of the international air transport association,

used for the determination of tariffs.



(3) no Tariffs agreed as follows will be submitted for approval to the air

the authorities of the Contracting Parties not later than thirty (30) days prior to the proposed

the date of their introduction; in exceptional cases this can be a time

the time limit reduced if the listed authorities agree.



(4) if the specified air transport companies cannot agree on the

one of the scales, or if for some other reason cannot be the plan

established in accordance with the provisions of paragraph (2) of this article, or if, during the

the first fifteen (15) days of the thirty-day (30) period referred to in

paragraph (3) of this article, a party shall notify the other Contracting

side of your dissatisfaction with any tariff agreed in accordance with

the provisions of paragraph (3) of this article, it tries to aviation authorities

the Contracting Parties to determine the tariff by mutual agreement.



(5) if the aviation authorities cannot agree on the approval of any

plan, which was submitted to them under paragraph (3) of this article and the

the determination of any tariff under paragraph (4), the dispute shall be resolved in accordance with

the provisions of article XI of this agreement.



(6) no tariffs come into force, if it has authorized the aviation authority

some of the parties within the meaning of the provisions of paragraph (3) of this article.



(7) the tariffs established in accordance with the provisions of this article shall remain in

validity until such time as shall be determined in accordance with the provisions of this

Article new tariffs.



Article. (IX)



The aviation authorities of the Contracting Parties, in a spirit of close cooperation will be from time to

time to advise each other in order to secure the implementation of and satisfactory

compliance with the provisions of this agreement and its annexes.



Article. X



Certificates of airworthiness, certificates and licences issued or

confirmed as valid by one Contracting Party shall be recognised as valid

the other Contracting Party for the operation of lines and services referred to in the annex to

This agreement. Each Contracting Party reserves the right to refuse to recognise

for flights over the territory of their State certificates of airworthiness and

licences issued by the other State to its nationals.



Article. XI



(1) If a dispute arises between the Contracting Parties any dispute relating to the

interpretation or implementation of this agreement, the Contracting Parties shall endeavour to

first to resolve by negotiation between them.



(2) if the parties do not reach a settlement through negotiation, the dispute shall be submitted

the decision of the Tribunal of three arbitrators, one of which will be determined by each

Contracting Party and the third agreed by the two arbitrators thus selected already,

the third arbiter will not be a national of any of the

of the Contracting Parties. Each Contracting Party shall designate an arbitrator within two months of

the date on which it receives from the other party, the diplomatic note

requesting arbitration of the dispute, and the third arbitrator will be agreed

one month after this period of two months. If any of the

of the contracting parties unless their arbitrator within the time limit, it may be

any party, asked the President of the International Organization for

Civil Aviation to appoint the arbitrator or arbitrators as the case requires.

In any case, the third arbitrator will be a national of a third State and

will be active as the President of the arbitration body.



Article. (XII)



(1) if one of the Contracting Parties considers it desirable to change the

the provisions of this agreement, it may request the other Contracting Party of

consultation; These consultations between the aeronautical authorities may be held

direct negotiation or in writing, will be launched within a period of sixty (60) days

from the date of request. Any changes to the steps agreed upon shall enter into force after the

confirmation of exchange of diplomatic notes.



(2) changes related to the lines may have been concluded by direct agreement between the

authorized by the aeronautical authorities of the Contracting Parties.



Article. XIII



(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, their

passengers and crew, airports and air navigation facilities, as well as

other threats to civil aviation safety.



(2) the Contracting Parties shall, in their mutual relations 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 the territory of their

States or aircraft operators having a principal place of business

or permanent home on the territory of their States and the operators of airports in the territory of the

their States act in accordance with the following provisions on the protection of

civil aviation.



(3) the Contracting Parties agree that it may be required to

These aircraft operators comply with the provisions relating to the protection of civilian

Aviation referred to above in paragraph (2), and required by the other Contracting

party for the entry, exit and stay on the territory of its State.



(4) each Contracting Party shall ensure that the territory of its State adoption

appropriate measures to protect aircraft and to inspect passengers,

crew, carry-on baggage, checked baggage, cargo and cabin

inventory prior to and during boarding or loading.



(5) each Contracting Party shall consider sympathetically any

the request of the other party to the appropriate special security

measures to counter a specific threat.



(6) in the case of an act or threat of committing unlawful seizure of

the aircraft or other unlawful act against the safety of such

the plane, passengers and crew, airports or navigation device

the Contracting Parties shall assist each other by facilitating the transmission of reports and other

the relevant measures, pointing to a rapid and secure their

such acts or threats.



(7) If a party Has reasonable grounds to believe that the other Contracting

the party has deviated from the provisions on the protection of civil aviation of

Article, the aviation authority of that Contracting Party may ask the aviation authority

the other Contracting Parties of the urgent consultation.



Article. XIV



This agreement and any amendment referred to in article XII of the will

registered with the International Civil Aviation Organization.



Article. XV



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 this

If this Agreement shall expire twelve (12) months after the date on which the

the notification received by the other Contracting Party, unless the notice of termination

withdrawn by agreement before the expiry of this period. If the adoption of the

the announcement confirmed by the other party, notification shall be deemed

received fourteen (14) days after it is received by the international organization

the civil aviation authority.



Article. XVI



This agreement shall enter into force on signature.



In witness whereof the undersigned, being duly authorised thereto by their

Governments, have signed this agreement and afford it your seals.



Given in duplicate in the English language in Prague on 23. April

1992.



For the Government of the Czech and Slovak Federal Republic:



Ivan Foltýn in r.



The Government of the Republic of the Philippines:



Pete Nicomede Prado in r.



XIII.



To the development of air transport services on routes or on sections of lines

laid down in part a of this annex, in order to achieve and maintain a

balance between the capacity of air services and the requirements laid down

public air transport set by the aviation authorities of the Contracting

party, charged that:



(a) specified by an air transport undertaking each Contracting Party will have the proper

and the same options for the operation of air services, and transport between the territories of the

States of both parties;



(b) specified by an air transport undertaking each Contracting Party will, when

the operation laid down of air services to take into account the interests of the air

transport company of the other party so as to avoid inappropriate


influence of the services that the firm provides to wholly or partially

identical lines;



(c) air traffic services provided by the designated air transport

undertaking each Contracting Party on different sections provided for air

lines or sections will be closely related to the needs of the public in

air transport and air transport interests involved

transport undertakings, as set out in this agreement;



(d) the services provided by the designated air transport undertaking under this

The agreement shall retain as their primary objective the provision of capacity

corresponding to the requirements of traffic between the countries of the air transport

the company and the country of final destination of the shipment and the right of the designated air

the transport undertaking any of the Contracting Parties to load and unload the

the territory of the other Contracting Party international transport specified or

originating from third countries will be used in accordance with the General principles

orderly development, to which the two Contracting Parties undertake to and will

be subject to the general principle that capacity will be in the relationship:



(1) to traffic requirements between the country of the start of air services and locations

determination on specified routes;



(2) the requirements of the průletového operations of air transport undertakings;



(3) to air transport needs of the region, that the air transport

the enterprise passes through; and



(4) to enough other air traffic service, set up by air

transport undertakings of other States, between their respective territories.