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:
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:
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.
(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.
(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
(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.
(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
(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
(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.
(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
(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
(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.
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.
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.
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.
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.
(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.
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.
This agreement and any exchange of notes in accordance with article 13 of the
registered with the International Civil Aviation Organization.
This agreement shall enter into force on signature.
In witness whereof, having proper authorisation by their respective Governments, have signed the
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.
The track, which can operate a specified by the Czechoslovak air company
Socialist Republic of Vietnam:
Points of departure
Belgrade, Athens, Nicosia, Cairo, Beirut, Tehran, Kuwait,
Karachi, Dhaka, Bombay, Colombo, Moscow or Tashkent, Phnom Penh,
Point in Malaysia
Points for Malaysia
Singapore, Djakarta, Hong Kong, Manila, Tokyo, Perth, Sydney or
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.
The track, which can operate a specified air Malaysia:
Points of departure
Bangkok, Colombo, Madras or Bombay, Delhi, Dhaka, Karachi, Kuwait,
Tehran, Beirut, Bahrain in Tashkent or Moscow, Cairo, Athens,
Point in Czechoslovakia
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
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.