On The Agreement Between The Czechoslovak Socialist Republic And Malaysia For Air Services

Original Language Title: o Dohodě mezi ČSSR a Malajsií o leteckých službách

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=32452&nr=90~2F1973~20Sb.&ft=txt

90/1973 Sb.



DECREE



Minister of Foreign Affairs



of 5 April 2004. June 1973



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

Malaysia for air services between and beyond their respective territories



On 2 February 2005. May 1973 in Prague was the agreement signed between the Government of

The Czechoslovak Socialist Republic and the Government of Malaysia on air

services between and beyond their respective territories.



According to article 16 of the agreement entered into force on 2. May 14, 1973.



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



First Deputy Minister of:



V.r. Krajčír



The AGREEMENT



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

air services between and beyond their respective territories



The Government of the Czechoslovak Socialist Republic and the Government of Malaysia, being

Parties to the Convention on international civil aviation and desiring to

to conclude an agreement for the purpose of establishing air services between and beyond their

territories, 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. 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;



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

Socialist Republic, the Federal Ministry of transport, and any other

the person or body responsible for carrying out the tasks that are currently

performed by the Federal Ministry of transport, or similar

tasks, and in respect of Malaysia, Minister of communications, and any other person or

the authority responsible for carrying out the tasks that are currently performed

the Minister, or similar tasks;



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

Contracting Party designated by written notice to the other party in accordance

with article 3 of this agreement for the operation of air services on the routes

set out in the annex to this agreement;



(d) the term "territory"), in relation to the State means the land area and

the territorial waters adjacent thereto under the sovereignty, and

sovereignty, protection or mandate of such State;



(e)) the terms "air service", "international air service", "air

Enterprise "and" land for non-traffic purposes have the meaning given in article

96 of the Convention; and



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

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

the relevant section of the attached list (hereinafter called "the agreed services" and

"fixed line"). The agreed services can be started immediately or

later, according to the wish of the parties that will be granted.



(2) subject to the provisions of this agreement, each of the undertakings designated air

the Contracting Parties will be in operation of the agreed services on the specified route

enjoy the following rights:



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



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



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

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

cargo and mail in international traffic.



(3) Nothing in paragraph 2 of this article does not give air businesses

the law of one Contracting Party in the territory of the other Contracting Party to dispose of the

passengers, cargo or mail carried for compensation or salary with the determination

to another point in the territory of that other party.



Article 3



(1) each Contracting Party shall have the right to determine, by written notice to the other

Contracting Party one or more airline companies to operate

agreed services on specified routes.



(2) on receipt of the written determination of the other Contracting Party, shall, subject to

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

the undertaking or undertakings concerned operating air permissions.



(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 may refuse the specified air and deny

or revoke the rights granted to an air company, according to paragraph 2 of article 2

This agreement or order the air company in the use of these rights

such conditions as it considers necessary, in the case where it is not certain,

that a substantial part of the ownership and effective control of the air company

It belongs to the party that determines the air, or in the case of

a consortium of airline businesses to the Government or nationals of States

the air companies form a consortium; as regards the Consortium,

apply the reservation that there are valid air transport agreement between the Contracting

aside from which the operating permit is required, and each of the States,

the air companies form a consortium, and relate to the intended flight

the service.



(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 are in accordance with the provisions of article 7

This agreement for such a service set fare conditions.



(6) each Contracting Party may suspend the use of the rights granted

the air company referred to in paragraph 2 of article 2 of this agreement, or save

the air company when they use such terms as it sees fit

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

regulations of the party, that this law provides, or otherwise in

the operation of air services in accordance with the conditions

set out in this agreement; the reservation is valid, if the immediate

stop the exercise of rights or imposition of conditions was necessary to prevent the

further violations of laws and regulations, will be applied only after consultation with the

the other Contracting Party.



Article 4



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

undertakings of the two parties, as well as their normal equipment replacement

parts, fuel and lubricating oil, aircraft (including supplies of food,

beverages and tobacco) on board such aircraft stored will be exempt

from all customs duties, inspection of taxes and other fees and charges

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) fuel, lubricating oils, spare parts, common facilities and

stocks of aircraft imported into the territory of one Contracting Party to the designated air

the enterprise of the other party or to the air or

received on board the designated air company that will be

used solely in the operation of international services, will be exempt

from all national taxes and levies including customs fees and

inspection of taxes levied on the territory of the first Contracting Party, even if such

the supplies are to be used on sections of the journey performed over the territory of the Contracting

the parties, which have been taken on board. May be required to the top

the material was under customs supervision or control.



(3) the usual furnishings of aircraft, spare parts, supplies, aircraft propulsion

mass and lubricating oils left on board an aircraft of a Contracting Party

may be unloaded in the territory of the other Contracting Party only with the approval of

the Customs authorities of the parties may request that this material was

stored under their supervision, until when will again be exported or

otherwise it will be treated in accordance with the customs legislation.



(4) the fuel, lubricating oils, spare parts, the usual amenities

aircraft and supplies aircraft taken on board an aircraft of a Contracting Party

on the territory of the other Contracting Party and used exclusively in the years between the two

points on the territory of the same Contracting Party, not in terms of customs duties,

inspection of the taxes and other similar national and local taxes, and

benefits to enjoy less favourable arrangements than what is provided by the national

air companies or air businesses enjoying the highest benefits

operating such flights.



(5) passengers, baggage and goods in direct transit across the territory of one

the parties and the neopouštějící part of the airport designated for such purpose

shall be subject only to a very simplified control. Luggage and goods in

direct transit will be exempt from customs duties and other similar

benefits.



Article 5



(1) aviation enterprises of both parties will have the proper and equal

the possibility to operate the agreed services on specified routes between the

their respective territories.



(2) the operation of the agreed services aviation enterprises of each Contracting

the parties will take into account the interests of the airline companies of the other party,

in order to avoid inappropriate influence the services that these businesses

running on fully or partly identical lines.



(3) the agreed services operated by the designated airlines of the contracting companies

the parties will be in close relation to the demand of the public for transport to the


set out the lines and their main aim will be provided

rational utilization of the capacity to create a reasonable, by continuously and

reasonably anticipated requirements for the carriage of passengers, freight and mail

originating in the territory of the Contracting Party which has designated the airline undertaking, or

specifying for that territory. Offer the transport of passengers, goods and mail

pickled or landed at points on the specified routes in the territories

other States than the States which have designated the Aerospace business will be determined in the

accordance with the General principles that capacity will be assessed in

the context of the



and with the transport demand on) the territory of the Contracting Party which has designated the airline

undertaking, and the territory;



(b)) with the transport demand of the area through which air enterprise operates its

years ago, taking account of other transport services established by airlines

undertakings of States in this field;



(c)) with the demand on direct connection of the air company.



Article 6



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

territory, and the output of the aircraft operating international flight or flying

such aircraft over this territory will relate to the designated air

an enterprise of the other party.



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

the output from its territory of passengers, crew, cargo or mail, such as

the formalities relating to the entry and exit, as well as the loading and

access to, customs and health will apply to passengers,

the crew, cargo, or mail carried by aircraft designated air

the company of the other party, if they are in that territory.



(3) the two Contracting Parties undertake not to grant any special

the benefits of your own air companies compared to the designated air

the enterprise of the other Contracting Parties in the implementation of the laws and regulations referred to in

the provisions of this article.



(4) when the use of airports and other facilities of a Contracting Party designated

the aviation company of the other party will not pay fees higher than they would

the plane was the first party in scheduled international

air services.



Article 7



(1) Tariffs for any of the agreed services shall be established in

appropriate amount, taking due account taken of all relevant

factors such as operating costs, reasonable profit, characteristics of

flight (such as standards of speed and aircraft equipment) and other plans

Aviation businesses on any stretch of track laid down. The tariffs will be

established in accordance with the following provisions of this article.



(2) the tariffs referred to in paragraph 1 of this article, together with the amounts

Act in the provizí applied in connection with them shall be, if

possible, arranged for each fixed route between designated airlines

the undertakings concerned, in consultation with other air companies

engage in such transport on the whole section of track or a part thereof, and

the agreement will be concluded, where possible, through a

the purpose of the procedure created by the International Air Transport Association.

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 or

If it is not for any other reason, the agreement reached on tariffs in accordance with the

the provisions of paragraph 2 of this article, the aviation authorities of the Contracting Parties,

attempts to determine the tariffs themselves.



(4) if they are not 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 12 of this agreement.



(5) No tariffs come into force, if the aviation authorities of the Contracting

party so agrees with them, except in the case when the

settlement under the provisions of article 12 of this agreement.



(6) Tariffs negotiated in accordance with the provisions of this article shall apply

pending the negotiation of new tariffs in accordance with the provisions of

This article.



Article 8



(1) the transfers of surplus income to the designated air Enterprise

either Contracting Party on the territory of the other Contracting Party shall be

carried out under foreign exchange regulations in force in the territory of that Contracting

Parties in some of the freely convertible currencies.



(2) the Contracting Parties shall allow such transfers of funds to other countries;

These transfers will be carried out without delay.



Article 9



Aviation Authority of each Contracting Party will deliver aviation authority other

the Contracting Parties upon request such periodic or other statistical

the reports, which may be reasonably required for the purposes of assessing

capacity to be provided for the agreed services by the designated air

companies of the first party. Such reports shall contain all the

the information needed to determine the volume of traffic carried out following air

businesses in the agreed services and places of departure and destination

transport, if the information about it will be available.



Article 10



To coordinate the measures relating to air transport and serving

aircraft each party will grant to the designated airline of the other undertaking

the Contracting Parties in the actual operation of the agreed services permissions

maintain in the territory of the first party staff, the type and number of

from time to time be agreed between the aeronautical authorities of the Contracting Parties.



Article 11



The aviation authorities of the Contracting Parties shall regularly and often advise to

ensure close cooperation on all issues relating to the

the implementation of this agreement.



Article 12



Any dispute concerning the interpretation or application of this agreement or its

The annex will be settled by direct negotiation between the aeronautical authorities of the Contracting

party. If between the aeronautical authorities of the agreement is not reached, the dispute shall be

settled through diplomatic channels.



Article 13



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

the provisions of this agreement, it may request a meeting, aviation authorities of the two

of the parties to the intended change. The meeting will take place within 60 days

from the date of submission of the application. If the parties agree on changes to the aviation authorities of this

The agreement, the changes will come into force once they are confirmed by the exchange of notes

through the diplomatic channel.



(2) amendments to the annexes to this agreement may be carried out provisionally from the date of

agreed the aeronautical authorities and shall enter into force as soon as

confirmed by Exchange of diplomatic notes.



(3) If a general multilateral agreement relating to air transport

shall enter into force for the Contracting Parties, this agreement will be adjusted

so that was in accordance with the provisions of the multilateral agreement.



Article 14



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 notice is given, the expiry of the

This agreement 12 months after 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 15



This agreement and any exchange of notes in accordance with article 13 of the

registered with the International Civil Aviation Organization.



Article 16



This agreement shall enter into force on signature.



In witness whereof, having proper authorisation by their respective Governments, have signed the

This agreement.



Done in Prague on 2. May 14, 1973 in three authentic texts in the language

the Czech, Malay and English. In the event of a discrepancy, the text in the language of

English is considered crucial.



For the Government of the Czechoslovak Socialist Republic:



Stanislav Krebs in r.



For the Government of Malaysia:



Abu Hassan in r.



XIII.



List I



The track, which can operate a specified by the Czechoslovak air company

Socialist Republic of Vietnam:



Column 1



Points of departure



Prague, Bratislava



Column 2



Intermediate points



Belgrade, Athens, Nicosia, Cairo, Beirut, Tehran, Kuwait,



Karachi, Dhaka, Bombay, Colombo, Moscow or Tashkent, Phnom Penh,

Bangkok



Column 3



Point in Malaysia



Kuala Lumpur



Column 4



Points for Malaysia



Singapore, Djakarta, Hong Kong, Manila, Tokyo, Perth, Sydney or

Melbourne



Specified by the aerospace undertaking or undertakings of the Czechoslovak Socialist

States can in any flight or during all the years of my money

landing in any of the above points, if the agreed services on the

This track will begin at a point on the Czechoslovak territory.



List II



The track, which can operate a specified air Malaysia:



Column 1



Points of departure



Kuala Lumpur



Column 2



Intermediate points



Bangkok, Colombo, Madras or Bombay, Delhi, Dhaka, Karachi, Kuwait,

Tehran, Beirut, Bahrain in Tashkent or Moscow, Cairo, Athens,

Belgrade, Rome



Column 3



Point in Czechoslovakia



Prague



Column 4



Points for Czechoslovakia



five points in Europe, including Frankfurt, Paris, London and two points in

The United States of America



The specified air Malaysia may in any flight or when all

years, but for a landing in any of the above points, if

the agreed services on the route will start at a point on Malaysia

territory.



Note: regarding an unspecified points in column 4 of the list II


Malaysian track, it was agreed that these unspecified points will be

determined by mutual consultation.