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.
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:
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
(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.
(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;
(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
(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.
(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.
(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
(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
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.
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.
(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.
(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.
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.
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.
(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.
(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.
(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
(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.
This agreement and any amendment referred to in article XII of the will
registered with the International Civil Aviation Organization.
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.
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
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.
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
(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.