On The Agreement Between The Czechoslovak Socialist Republic And The Maltese Republic Concerning Air Services

Original Language Title: o Dohodě mezi ČSSR a Maltskou rep. o leteckých službách

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35550&nr=129~2F1982~20Sb.&ft=txt

129/1982 Coll.



DECREE



Minister of Foreign Affairs



from day 4. October 1982



on the agreement between the Government of the Czechoslovak Socialist Republic and the Government

The Maltese Republic for air services between their territory and beyond



On 11 July. November 1981 was in La Valletta agreement signed between the Government of

The Czechoslovak Socialist Republic and the Government of Malta, the Republic of

air services between their territory and behind him. Agreement entered into

into force, pursuant to article 20 of 24 March 2003. May 1982.



English translation of the agreement shall be published at the same time.



First Deputy:



Rehorek in r.



The AGREEMENT



between the Government of the Czechoslovak Socialist Republic and the Government of Malta

Republic for air services between their territory and beyond



The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta,



being parties to the Convention on international civil aviation, opened for

signature at Chicago on December 7, 1944, and



Desiring to develop friendly relations between the two countries in accordance with the

The final act of the Conference on security and cooperation in Europe

(Helsinki, 1975) and to support the air transport relations with each other,



have agreed as follows:



Article 1



For the implementation of this agreement, unless the context otherwise requires:



and) the term "Convention" means the Convention on international civil aviation

opened for signature at Chicago on December 7. December 1944, and includes all

Annex adopted under article 90 of that Convention and any amendment of the annexes, or

Convention in accordance with its articles 90 and 94, if these annexes and amendments have been

accepted by the two parties;



(b)), the term "aviation authorities" means, in respect of the Czechoslovak

Socialist Republic, the Federal Ministry of transport, in terms of

The Republic of Malta, the Minister responsible for civil aviation, or in

both cases, any other person or authority responsible for carrying out

functions carried out at present by the said authorities;



(c)), the expression "specified by air" means the aviation business, which was

designed and commissioned in accordance with article 3 of this agreement, as the air

operating the agreed services on specified routes, in accordance with

paragraph 1 of article 2 of this agreement;



(d)) the terms "territory", "air service", "international air service",

"air" and "land for non-traffic purposes" have the meanings

laid down in articles 2 and 96 of the Convention;



(e)), the term "Annex" means an annex to this agreement or its changes

carried out in accordance with the provisions of article 16 of this agreement. The annex forms

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

include an appeal to the annex, unless otherwise specified.



Article 2



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

in this agreement, to allow her company to establish a designated for the air and

operate an international scheduled air service on the lines laid down by the

in the relevant part of the annex (hereinafter referred to as "the agreed services" and

"fixed line").



2. Pursuant to the provisions of this agreement designated by air each Contracting

the parties will have in the operation of the agreed services on the specified route this

rights:



and) fly without landing across the territory of the other Contracting Party;



(b)) to land in that territory for non-traffic purposes;



(c)) to land in that territory at the point or points specified for this

the track in the annex to this agreement for the purpose of loading and unloading

passengers, freight and mail in international traffic.



3. The provisions of paragraph 2 of this article does not confer to the designated

Aviation Enterprise of one Contracting Party the right to dispose on the territory of the other

Contracting Party, passengers, cargo, or mail to transport to another location on

the territory of the other Contracting Party, whether for payment or rent.



Article 3



1. each Contracting Party shall have the right to designate in writing to the other party

the aerospace company to operate the agreed services on the specified routes.



2. on receipt of such a designation, the other Contracting Party shall be granted, subject to the

the provisions of paragraphs 3 and 4 of this article, without delay, to the designated

aviation company operating privileges.



3. the aeronautical authority of one Contracting Party may request from the air

the company designated by the other Contracting Party, to prove that it is able to

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

normally and reasonably applied in accordance with the provisions of the Convention when

the operation of international air services.



4. each Contracting Party shall have the right to refuse to grant the operating

the permission referred to in paragraph 2 of this article, or save it to a designated

the air company in the use of the rights laid down in article 2 of this agreement

such conditions as it deems necessary, in any case, when

the said Contracting Party is not convinced that a substantial part of the

ownership and effective control of the aviation company belongs to the Contracting

the party, which specifies aircraft company or its nationals.



5. Once it has been determined by the air company as follows and shall be entitled to may be at any time

started operation of the agreed services, provided that tariffs

laid down in accordance with the provisions of article 12 of this Agreement shall be valid

for this service.



Article 4



1. each Contracting Party shall have the right to revoke the operating authorisation or

to suspend the exercise of the rights set out in article 2 of this agreement for the air

the company designated by the other Contracting Party, or save for use of

These rights to such conditions as it deems necessary:



and when), the air will not be governed by the laws and regulations

Contracting Parties which provides these rights;



(b)) in the case where it is not satisfied that substantial ownership and

effective control of the aviation company belongs to the party indicating the

air, or nationals of that Contracting Party;



(c)) in case the air otherwise operation of

air services pursuant to the conditions laid down in this agreement.



2. If the immediate cancellation of operating privileges, suspension of rights

or the imposition of conditions mentioned in paragraph 1 of this article shall not be

necessary to prevent violations of laws and regulations, such a right

will be applied only after consultation with the other party.



Article 5



1. the laws and regulations of one Contracting Party relating to the admission

aircraft engaged in international flying into its territory and from it

or that relate to the operation and flying these aircraft on its

territory, are binding for the aircraft of the air company designated by the other

a Contracting Party, and shall be complied with by such aircraft upon entering,

output and when operating on the territory of the first Contracting Party.



2. the laws and regulations of one Contracting Party relating to the admission

on its territory, sojourn, transit and exit from it for passengers,

the crew, cargo and mail, aircraft, such as regulations relating to entry,

exit, emigration and immigration, travel documents, as well as

and customs and health measures are binding even for passengers, crew,

goods and mail carried by aircraft designated air company second

the Contracting Parties shall, if they are situated on the said territory.



Article 6



1. Aircraft used for the operation of international air services by the designated

Air enterprise of one Contracting Party, as well as their usual

equipment, spare parts, fuel and lubricating oils and supplies aircraft

(including food, beverages and tobacco) on board the aircraft, will be

be exempt from all customs, inspection, and other fees or taxes

on arrival in the territory of the other Contracting Party, provided that such

equipment and supplies remain on board the aircraft up to the time when they will be

exported again.



2. From the same fees and taxes, with the exception of charges corresponding to the

performed services, will also be exempt:



and the stocks of aircraft taken on) the Board, in the territory of each Contracting Party in

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

on board the aircraft performing the international air services of the other

the Contracting Parties;



b) spare parts imported into the territory of each Contracting Party for the maintenance or

repair of aircraft used for international services to the designated air

the enterprise of the other party;



c) fuel and lubricating oils needed to supply the aircraft

performing international air services air an undertaking designated by

the other Contracting Party, even if it will be used on parts of the path led over the

the territory of the Contracting Party in which they have been taken on board.



May be required to make the material above mentioned in subparagraphs), (b))

and (c)) was under customs supervision or control.



3. the usual equipment the aircraft, as well as the materials and supplies left on

Board of one or the other Contracting Party may be unloaded in the

the territory of the other Contracting Party only with the approval of the Customs authorities on this

territory. In this case, can be stored under the supervision of the said authorities,

until when will once again be exported or will be otherwise loaded in

accordance with the customs legislation.



Article 7



Charges for the use of airports and other facilities in the territory of each Contracting

the parties will be selected according to the rates specified by its competent authorities.

Such charges shall not be higher than the fees for the national aircraft each

the contracting parties engaged in similar international air

services.



Article 8




Passengers in direct transit across the territory of the Contracting Party neopouštějící

area designated for such purpose shall be subject to a simplified

inspection. Luggage and goods in direct transit will be exempt from

Customs and other fees.



Article 9



1. the designated air each Contracting Party will be on the territory of the other

the Contracting Parties shall be exempt from all taxes on profits or income

from the operation of the agreed services.



2. each contracting party grants to the designated airline of the other undertaking

the Contracting Parties have the right, according to the official exchange rate of the transfer in accordance with the

foreign exchange regulations in force in its territory the surplus of income over expenditure

achieved this air company on the territory of the Contracting Party in

connection with the carriage of passengers, freight and mail. The transfer will be

made in some of the freely convertible currencies.



3. Each Contracting Party shall facilitate such financial transfers

resources to another country; These transfers will be carried out without delay.



Article 10



1. Air each Contracting Party will have the same reasonable and

the opportunity to operate the agreed services on the specified routes.



2. In operating the agreed services the aerospace undertaking one or the other

the Contracting Parties will take into account the interests of the aviation company of the other Contracting

parties so as not to affect the services that this

Enterprise provides the same lines or parts thereof.



3. The agreed services provided by the designated airlines of the contracting companies

the parties will be in close relation to the transport needs of the public in

set out the lines and their main goal is in reasonable

workload, provide capacity for the regular and reasonably

as expected, the requirements for the carriage of passengers, freight and mail from the territory of the

or for the territory of the Contracting Party which has designated the airline business.



4. Permission for the carriage of passengers, freight and mail pickled and

landed on specified routes in places that are on the territory of the

other States than the State has designated an air company, will be granted in

accordance with the General principles according to which capacity will be in the relationship:



and to transport requirements) into and from the territory of a Contracting Party which

has identified the aerospace firm;



(b)) to the transport requirements of the area that the air company fly after

taking into account the air services operated by air companies of the States in the

This area; and



(c)) to the requirements of průletového operations of air companies.



5. the capacity provided in the agreed services on specified routes

It will be established between designated airlines of both Contracting Parties enterprises

the agreement, subject to the approval of the aeronautical authorities.



Article 11



1. the designated air each Contracting Party will submit to the air

authority of the other party not later than thirty (30) days prior to the

services on the lines laid down in accordance with article 2 of this agreement for approval

type of aircraft used and the flight schedule. This applies mutatis mutandis to the

later changes.



2. the Contracting Parties shall provide to the aviation authority aviation authority of the other Contracting

Parties at his request, periodic and other statistics that

may be reasonably required for the purpose of reviewing the capacity provided by the

When the agreed services by the designated airline of a Contracting Party by an undertaking

referred to at the beginning of this article. Such data will include all

the information needed to determine the volume of traffic and the point of this

air company within the agreed services and instead start and destination

these shipments.



Article 12



1. the term "tariff" means the prices to be used and the conditions for their

the use that will be paid for the carriage of passengers, baggage and goods,

together with the fees and conditions for brokerage and other auxiliary

the service; However, it does not include fees and conditions for the transportation of mail.



2. the tariffs used by airline companies of one Contracting Party for carriage

on the territory or from the territory of the other Contracting Party shall be established at the appropriate

the amount will be duly taken into account, and to all the important factors

operating costs, including a reasonable profit, the nature of the services (such as

standards for speed and travel arrangements), and other air fares

enterprises.



3. the tariffs referred to in paragraph 2 of this article shall be according to the options

agreed upon by the designated air companies of both Contracting Parties after consultation with the

other air transport companies on the whole line or its

section; such an agreement will be reached, where possible, using the mechanism

for the determination of the tariffs of the international air transport association.



4. Following the agreed tariffs will be submitted for approval to the aviation authorities

of the parties at least ninety (90) days before the proposed date

their introduction; in special cases, this time limit may be the

the consent of the aviation authorities.



5. Acceptance of the tariffs may be given expressly. In the case that none of the

aviation authorities to notify its disagreement with any plan to

forty (40) days from the date of submission of the tariffs referred to in paragraph 4 of this

Article, the tariffs will be considered approved. If the time limit for

presentation of the truncated in accordance with paragraph 4 of this article, air

the authorities may agree on a shorter period than forty (40) days during which you want

be notified of the opposition.



6. If it is not possible to agree the plan referred to in paragraph 3 of this article, or

If within the time limit laid down in paragraph 5 of this article, the aeronautical authority of one

the Contracting Parties shall transmit to the aviation authority of the other party notice of the

their disagreement with the tariffs agreed upon in accordance with paragraph 3 of this article,

shall endeavour to provide for tariffs of the Contracting Parties reciprocal aviation authorities

by the agreement.



7. If you will not be able to agree on the approval of the aviation authorities of a

the tariff submitted to them under paragraph 4 of this article and its determination

referred to in paragraph 6, the dispute will be solved in accordance with the provisions of article 18 of this

the agreement.



8. the tariffs negotiated under the provisions of this article shall be in effect until

the negotiation of new tariffs. The validity of any plan, however, cannot be

pursuant to this article shall be extended by more than twelve (12) months after the

the date on which would otherwise force plan ended.



Article 13



The specified air each Contracting Party is entitled to keep on

the territory of the other Contracting Party at the points specified in the annex, and

transportation business, administrative and technical staff in the number of

an appropriate level of service to be performed.



Article 14



This agreement and any amendments thereto in accordance with article 16 shall be registered with the

The International Civil Aviation Organization.



Article 15



In the spirit of close cooperation, aviation authorities of the two parties

perform as necessary consultations concerning the interpretation and satisfactory

the implementation of the provisions of this agreement and its annexes.



Article 16



1. If one of the Contracting Parties considers it desirable to change the

any provision of this agreement, it may request consultations with the other

Contracting Party. These consultations, which will be carried out between

the aeronautical authorities, either by negotiation or in writing, shall take place within

sixty (60) days from the date of submission of the application. Follow these steps to change the agreed entry

into force as soon as it will be confirmed by Exchange of diplomatic notes.



2. amendments to the annexes to this agreement may be carried out from the date of

agreed the aeronautical authorities and shall enter into force after their confirmation

Exchange of diplomatic notes.



Article 17



If a general multilateral Convention for scheduled international

air services shall enter into force for both parties, this will be

the agreement modified to match the provisions of the multilateral

of the Convention.



Article 18



1. any dispute concerning the interpretation or implementation of this agreement, or

the annex to be settled by direct negotiation between the aeronautical authorities

of the Contracting Parties. If between the aeronautical authorities of the agreement is not reached,

the dispute will be settled through diplomatic channels.



2. If the dispute is not resolved the means mentioned in paragraph 1 of this

Article within ninety (90) days after the date on which one of the parties

asked about his solution, will be submitted by either party for decision to the

the Arbitration Commission. This Commission will be composed of six (6) members-

nationals of both the participating States-designated Contracting

Parties on the basis of parity. Arbitration statement will be received by the Commission

by unanimity.



Article 19



Each Contracting Party may at any time notify the other party of its

the decision to terminate this agreement. A copy of the testimony will be at the same time

sent to the International Civil Aviation Organization. If there is such a

notice of termination is given, this Agreement shall expire twelve (12) months after the date of

When the notice was received by the other Contracting Party, unless the notice of termination of the agreement

both parties revoked before the expiry of this period. If it is not

confirmed receipt of the notification by the other Contracting Party, the notice will be

considered received fourteen (14) days after the date a copy of the received

The International Civil Aviation Organization.



Article 20



1. each Contracting Party shall notify the other party in writing of the approval

This agreement in accordance with their national legislation. This agreement shall enter

validity from the date of the last of the written notification.



2. This agreement shall be provisionally carried out from the date of its signature.



The evidence that agents of the Contracting Parties have signed this agreement and


getting it your seals.



Given in La Valletta, on 11 July. November 1981, in duplicate, in the language of the

the English.



For the Government of the Czechoslovak Socialist Republic:



Václav Zeman in r.



For the Government of the Republic of Malta:



Paul Attard in r.



XIII.



Part 1

The track operated in both directions to air an undertaking designated by

the Government of the Czechoslovak Socialist Republic:



------------------------------------------------------------------

Place Intermediate Place for

departure points of destination

------------------------------------------------------------------

Point in the Section in the

Czechoslovak later Malta later

Socialist Republic

Republic



Part 2

The track operated in both directions to air an undertaking designated by

the Government of the Republic of Malta:



------------------------------------------------------------------

Place Intermediate Place for

departure points of destination

------------------------------------------------------------------

Point in the Section in the

Malta, later Czechoslovak later

Republic Socialist

Republic



Part 3



Intermediate points and points beyond them will be determined later between air

authorities in accordance with the provisions of article 16 of the agreement.