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.