On The Agreement On Air Transport Between The Government Of The Czechoslovak Socialist Republic And Indonesia

Original Language Title: o Dohodě o letecké dopravě mezi vládou ČSSR a Indonézie

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33614&nr=56~2F1977~20Sb.&ft=txt

56/1977 Sb.



DECREE



Minister of Foreign Affairs



of 12 October. July 1977



air transport agreement between the Government of the Czechoslovak Socialist

the Republic and the Government of the Republic of Indonesia



Day 10. May 1972 in Prague signed aviation agreement

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

Indonesia. Agreement entered into force pursuant to its article 13 on the day 7.

August 1976.



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



First Deputy Minister of:



V.r. Krajčír



The AGREEMENT



relating to air transport between the Government of the Czechoslovak Socialist Republic and the

the Government of the Republic of Indonesia



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

Indonesia, being parties to the Convention on international civil aviation

opened for signature at Chicago on December 7, 1944, and desiring to

to conclude an agreement for the purpose of establishing air services between the Czechoslovak

Socialist Republic of Vietnam and the Republic of Indonesia, have agreed as follows:



Article 1



For the purposes 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, 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;



(b)) the term "aeronautical authority" means, in respect of the Czechoslovak

Socialist Republic of the Federal Ministry of transport, and each person

or authority responsible for carrying out the tasks that are currently

performed by that Ministry, or similar tasks, and in respect of

The Republic of Indonesia to the Minister and any person or body authorised by

the implementation of tasks that are currently performed by the

the Minister, or similar tasks;



(c)), the expression "specified by air" means the air that one

party designated by written notice to the other party in accordance with the

Article 3 of this agreement for the operation of air services on the routes

specified in such notice;



(d)) the terms "agreed services" and "provided for the track" means the international

air services and tracks listed in the annex to this agreement.



Article 2



1. Each Party shall provide the other Contracting Party the rights set out in the

This agreement for the purpose of establishing air services on the routes listed in the

the relevant section of the annex to this agreement.



2. Air companies of both Contracting Parties will enjoy the following rights:



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



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



(c) in the operation of the agreed services) on track according to the provisions laid down

This agreement, land in that territory at the 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.



Article 3



1. each Contracting Party shall designate by written notice to the other party

one or more airline companies to operate the agreed services on the

laid down tracks.



2. on receipt of this notification to the other Contracting Party, shall, subject to

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

undertaking or undertakings, the appropriate operating authorisation.



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

the company designated by the other Contracting Party, to prove its capability

comply with the conditions laid down in the laws and regulations which the Office usually and

applies, mutatis mutandis, in accordance with the provisions of the Convention when operating

international commercial air services.



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

the company and suspend or revoke the rights granted to the aviation business in the

paragraph 2 of article 2 of this agreement, or to impose such conditions that may

considers it necessary in the use of these rights by the air company in

any case where it is not convinced that a substantial part of the

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

the party, which determines the air, or nationals of the Contracting

the party that determines the air.



5. At any time after the provisions of paragraphs 1 and 2 of this article has been

met, air designated and authorised may begin

operation of the agreed services, provided that the service will be

operated only when they will be fixed in the tariff conditions

accordance with the provisions of article 7 of this agreement.



6. each Contracting Party shall be entitled to suspend the rights granted to the air

the undertaking referred to in paragraph 2 of article 2 of the agreement or impose such

the conditions for the use of these rights by the air company, which it considers

necessary, in the case of air will not be governed by the laws and regulations

the Contracting Parties, that this law provides, or otherwise does not flow when

the operation of the services in accordance with the conditions established in this agreement;

However the reservation that if immediate suspension of these rights or

the imposition of conditions was necessary to prevent further infringements of laws

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

party.



Article 4



1. the laws and regulations of one Contracting Party governing entry of aircraft

carrying out international flying into its territory, or the output from it,

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

territory, shall apply to aircraft designated air company second

the Contracting Parties, and shall be complied with by such aircraft upon entering or

output, and at the time of residence in the territory of the first party.



2. the laws and regulations of one Contracting Party governing entry into its

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

the aircraft, including regulations relating to entry, exit, passport

formalities, customs and health measures, are complied with when

entry, when you exit and at the time of residence in the territory of the first party.



Article 5



1. the aircraft used by the undertaking to the designated airline of each Contracting Party and

entering, exiting or flying again over the territory of the other Contracting

Parties, as well as fuel, lubricating oils, spare parts, the usual

equipment and supplies aircraft stored on board such aircraft shall be

exempt from customs duties and other levies on imports,

export or transit of goods. This shall also apply to goods on

the aircraft, which will be consumed in flight over the territory of the other

the Contracting Parties.



2. Fuel, lubricating oils, supplies of aircraft, spare parts and normal

equipment temporarily imported on the territory of each Contracting Party, that there were

immediately or after storage are incorporated or otherwise taken on board

aircraft designated air company of the other party or are otherwise

again exported from the territory of the first party, will be exempt from

customs fees and other charges referred to in paragraph 1 of this article.



3. Fuel and lubricating oils, taken on board an aircraft of a designated

an air company of each Contracting Party in the territory of the other Contracting Party and

used in international air services will be exempt from

customs fees and other charges referred to in paragraph 1 of this article,

as well as any other specific excise duties

provided that the customs legislation are complied with.



4. each Contracting Party may keep the goods referred to in paragraphs 1

up to 3 of this article under customs supervision or control.



5. If the goods referred to in paragraphs 1 to 3 of this article shall not be subject

any fees or other levies, unless such goods

apply any economic prohibitions or import, export or transit

the restrictions, which would otherwise apply, unless such prohibition

or limitations apply to all air companies, including the national

airline companies and it would be some of the items referred to in paragraphs 1 to

3 of this article.



6. the procedure referred to in this article will complement and will not touch the

of what each party is required to provide under article 24

Of the Convention.



Article 6



1. the capacity offered by the designated airlines of the Contracting Parties when undertakings

agreed services will be in close contact with design requirements for

air traffic between the territories of two Contracting Parties. Capacity services

to be operated by each air company, will be agreed

between the aeronautical authorities of both Contracting Parties on the basis of the principle of fair and

the same options.



2. the aeronautical authority of each Contracting Party will provide aviation authority

of the other party on request such periodic or other

the statistics, which may be reasonably required for the purposes of

the capacity assessment provided in the agreed services by the designated

the air company or companies of the first party.



Article 7



1. Tariffs for any of the agreed services shall be established in a reasonable

the amount will be duly taken of all relevant factors such as

are operating costs, reasonable profit, characteristics of the flight (such as

speed and aircraft equipment standards) and other air fares

enterprises on any section of the specified line. The tariffs will be determined on the

bilateral basis between designated airlines companies or

through procedures created for the purpose of the International Association


air carriers, taking into account the amount of Act

commissions applied in connection with these plans.



2. Following the agreed tariffs are subject to the approval of the aviation authorities of the two

of the Contracting Parties.



3. In the absence of a specified air enterprises agreement on tariffs, air

the authorities of the Parties shall determine the tariffs themselves try to by mutual agreement.



4. If you will not be able to approve plans submitted by the aviation authorities under them

paragraph 2 of this article, or to determine the tariffs referred to in paragraph 3, the dispute shall be

dealt with in accordance with the provisions of article 9 of this agreement.



5. no tariffs come into force, if the aviation authorities of the Contracting

party so agrees with them, except when it comes to the settlement of the

in accordance with the provisions of paragraph 3 of article 9 of this agreement.



6. the tariffs negotiated in accordance with the provisions of this article shall apply

until there is a negotiation of new tariffs in accordance with the provisions of

This article.



Article 8



The aviation authorities of the Contracting Parties shall carry out the consultations, if it

any Contracting Party deem it necessary, in order to ensure

close cooperation on all issues relating to the implementation of this agreement.



Article 9



1. If a dispute arises between the parties to any dispute relating to

the interpretation or application of this agreement or its annex and if it is not able to

be settled by the aeronautical authorities of the Contracting Parties, the contracting parties themselves

attempts to settle the dispute by negotiation.



2. If the contracting parties fail to reach a settlement by negotiation,

the dispute may, at the request of either Contracting Party submitted to the

the decision of the Tribunal of three arbitrators, of whom one shall be appointed by each

Contracting Party and the third will be determined by the two selected. Each Contracting

the party will nominate an arbitrator within a period of sixty (60) days from the date on which the

one Contracting Party from the other Contracting Party through diplomatic

the way the notification of requests for dispute resolution arbitration tribunal and

the third arbitrator will be determined during the next period of sixty (60) days.

If it is not possible to achieve the following settlement, the Parties shall agree on the

How to determine the third arbitrator.



3. The Contracting Parties undertake to submit to every decision taken

on the basis of paragraph 2 of this article.



4. If any Contracting Party, or the designated air

either Contracting Party shall impose a decision taken on the basis of

paragraph 2 of this article and by the time he was subjected to, the other Contracting

party is entitled to restrict, suspend, or revoke any rights or

permission granted by this agreement, the party which committed the

omission, or designated by the air company or undertakings of the Contracting

the parties or the designated airline of the undertaking which committed the omissions.



Article 10



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

any provision of this agreement, including its annexes, such change,

If it is agreed between the Contracting Parties, it shall enter into force as soon as

will be confirmed by Exchange of diplomatic notes.



2. in case the negotiation of any general multilateral Convention concerning

air transport, which both parties will be bound by, this agreement

will be adjusted so as to be in accordance with the provisions of that Convention.



Article 11



Each Contracting Party may at any time give to the other party

in written testimony, wishes to end this agreement. This

testimony will also be communicated to the International Civil

Aviation. If such a notice is given, the expiry of this

Agreement twelve (12) months from the date on which the notice was received by the other Contracting

party, if the notice of termination by mutual agreement, will not be revoked before the expiry of

This period. If it is not confirmed by the receipt of the notice by the other Contracting

party, the notice will be deemed to have been delivered two weeks after the

received by the International Civil Aviation Organization.



Article 12



This agreement and any amendment referred to in article 10 will be registered at the

The International Civil Aviation Organization.



Article 13



Each Contracting Party shall notify the other party in writing of the approval of this

Agreement in accordance with their national legislation. Agreement enters into force

starting from the date of the later of these notifications.



The agreement will be provisionally carried out from the date of signature.



Done at Prague on 10. may the year nine hundred and seventy-two thousand in two

copies in the English language, both texts being equally

force.



In witness whereof, the undersigned, who have been authorised by their Governments,

have signed this agreement and afford it your seals.



For the Government of the Czechoslovak Socialist Republic:



Dr. Ing. Šutka v.r.



For the Government of the Republic of Indonesia:



Dr. Seda v.r.



XIII.



SECTION I



1. the Government of the Republic of Indonesia has granted the airline undertaking or undertakings

designated by the Government of the Czechoslovak Socialist Republic, permissions

to operate air services in both directions on the route:



Points of departure Intermediate points destination points



Prague or Athens Djakarta

Bratislava Cairo

Beirut

Kuwait

Tehran

Karachi

Mumbai

Phnom Penh



2. the air undertaking or undertakings specified by the Government of the Czechoslovak

Socialist Republic of Vietnam will have the right to leave permanently or

each year landing in any of the intermediate points listed

to in paragraph 1.



SECTION II



1. the Government of the Czechoslovak Socialist Republic shall grant an air company

or undertakings designated Government of the Republic Indonesia permission to operate

air services in both directions on the route:



Points of departure Intermediate points destination points



Djakarta Phnom Penh Prague or

Mumbai, Bratislava

Karachi

Tehran

Kuwait

Beirut

Cairo

Athens



2. the air undertaking or undertakings will be specified by the Government of the Republic Indonesia

have the right to leave permanently or when landing in individual years

any of the intermediate points referred to in paragraph 1.