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On The Agreement Between The Czechoslovak Socialist Republic And Pakistan Relating To Air Services

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

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91/1973 Sb.



DECREE



Minister of Foreign Affairs



of 31 March 2004. May 1973



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

The Islamic Republic of Pakistan relating to air services



On 2 February 2005. September 1969 in Prague was the agreement signed between the Government of

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

Pakistan relating to air services.



According to article XIX of the Agreement entered into force on 2. February 1971.



English translation 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 the Islamic

Republic of Pakistan relating to air services



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

Pakistan, hereinafter referred to as the Contracting Parties, being parties to the Convention on the

international civil aviation and of the agreement on the transit of international

air transport services signed in Chicago 7. December 1944, and

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

in their respective territories, the parties agree as follows:



Article. (I)



For the purposes of this agreement,



a) "Convention" means the Convention on international civil aviation, signed

in Chicago, 7. December 1944;



(b)) "aeronautical authority" means, as regards the Czechoslovak Socialist

Republic, the Federal Committee for transport, civil aviation, administration and

as regards the Islamic Republic of Pakistan, General Director

of civil aviation, or, in both cases, each person or authority

responsible for carrying out the tasks that are currently carried out by the above

those authorities;



(c)) "territory" in relation to a contracting party means the land area and

the territorial waters adjacent thereto under the sovereignty, and

sovereignty, protection or mandate of such Contracting Party;



(d)) "air service", "international air service", "air", and

"land for non-traffic purposes" have the meaning given in article 96 of the Convention;



e) "specified by air" means the air that one Contracting

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

Article III of the agreement.



Article II



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

in this agreement for the purpose of establishing and maintaining regular

international air services on the routes specified in the annex to this

The agreement. Such service and tracks in another called "the agreed services" and

"fixed line". Air enterprises designated by each Contracting Party

will be in the operation of the agreed services on the specified route taken this

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)) to load and unload passengers, cargo and mail at any point on the

set out the lines with regard to the provisions of the annex to this agreement.



(2) any of the provisions of paragraph 1 of this article does not give the air company

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 Contracting Party.



Article. (III)



(1) each Contracting Party shall have the right to designate one air to

the operation of the agreed services on the specified routes. This determination will be

notified by one party to the other party in writing.



(2) on receipt of a written notification to the other Contracting Party shall grant to the

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

the air company appropriate 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 its capability

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

reasonably applied to the operation of international air services.



(4) each Contracting Party shall have the right to refuse specified by air or

may refuse to grant the operating permission referred to in paragraph 2 of this

Article or impose such conditions the air business in the use of

set out in article II of this agreement as it deems necessary, in

If it is not satisfied that substantial ownership and effective

review this business belongs to the party that determines the air

undertaking, or its nationals.



(5) the air an undertaking designated and authorized in accordance with paragraph 2 of this article

may start at any time to operate the agreed services, provided that the

in accordance with the provisions of article VIII of this agreement for such

service set fare conditions.



Article IV



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

to cancel the exercise of rights provided for in article II of this agreement air

an undertaking designated by the other party or impose such conditions

the exercise of these rights, which it considers necessary:



and) 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

the Contracting Parties; or



(b)) in the case that this air will not be governed by the laws and regulations

the Contracting Party which grants such rights; or



c) in the case that this air is not otherwise proceed in accordance

with the provisions of this agreement.



(2) if the immediate revocation of operating privileges, cancellation of the performance

rights or imposition of the conditions mentioned in paragraph 1 of this article has not been

necessary to prevent further infringements of laws and regulations, the

exercised only after consultation with the other party.



Article. In



(1) the laws and regulations of each Contracting Party shall apply to flying

and the operation of the aircraft of the air company designated by the other Contracting Party in

entry into the territory of the first party, at the time of the stay, and when the output of the

This territory, as well as in flight over this area.



(2) the laws and regulations of one Contracting Party concerning the entry, stay and

passengers, crew and cargo on its territory and from its territory

They also apply to passengers, crew and cargo aircraft

designated air company of the other party.



Čl.VI



(1) the designated airline businesses of both parties will have the proper and

the same options to operate the agreed services on specified routes

between and beyond their respective territories.



(2) the operation of the agreed services specified by air each

the Contracting Parties will take into account the interests of the designated air company second

the Contracting Parties, in order to avoid inappropriate influence the services that

the company operates in whole or in part identical to the track.



(3) the capacity provided by the designated airline of one Contracting Party by an undertaking

and the capacity offered by the undertaking to the designated airline of the other party

each track will be laid down in a reasonable proportion to the demand of the public

After the carriage on this track.



(4) in the application of the principles set out in the previous paragraphs of this

Article



and the agreed services operated by each) of the specified air businesses

will have as the main objective, provided a reasonable workload to create

by continuously and reasonably anticipated capacity adequate to the requirements

transportation originating in the territory of one Contracting Party and intended for the territory

the other Contracting Party;



(b) the designated air company) of law of each Contracting Party to dispose of and

interpreted as points on the territory of the other Contracting Party, the international carriage of

intended for a third country or coming from third countries shall be

applied in accordance with the principle that such transport will only be

the additional capacity will be based on



BA) from the needs of air traffic between the countries of origin and countries of destination, and from

the needs of air traffic in the area, through which the designated air

operates its flights, taking into account local and regional air

the service;



BB) of the efficiency of operation of the direct coupling of the air company.



(5) the aviation authorities of the Contracting Parties will approve the default subject

capacity before initial operation of the agreed services as well as

each subsequent change of capacity.



Article. (VII)



(1) each Contracting Party shall ensure that its designated aerospace firm

submitting to the aviation authority of the other party as long as possible in advance

copies of the tariffs, schedules, including any amendments and any other

information relating to the operation of the agreed services, including information about

capacity provided by each of the tracks and any other

information that may be required to make to the other aeronautical authority

the party was sure that the requirements of this agreement are observed.



(2) each Contracting Party shall ensure that its designated aerospace firm

submitting to the aviation authority of the other Contracting Party statistics relating to

the transport made in the agreed services and showing the points of loading

and unloading for these services.



Article. (VIII)



(1) Tariffs for the carriage by road undertaken pursuant to this agreement to the designated

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

or from this territory will be negotiated in the first instance between designated

air companies of both Contracting Parties and shall take into account the

the corresponding tariffs adopted by the International Association of air carriers.

Any following the agreed tariffs are subject to the approval of aviation authorities


both of the parties.



(2) If no agreement is reached, the dispute shall be resolved in accordance with article XV.



(3) any new or revised tariffs shall not be valid unless

approved by the aeronautical authorities of both Contracting Parties in accordance with paragraph 1

This article, or determined in accordance with the provisions of article XV of the

The agreement. Pending the determination of tariffs in accordance with the provisions of this article

no longer valid tariffs further will remain in effect.



Article. (IX)



The specified air each Contracting Party will have the right to maintain on a

the territory of the other Contracting Party, the technical and commercial staff necessary for

the operation of air services.



Article. X



(1) the aircraft used to operate the agreed services by the designated air

the enterprise of one Contracting Party, as well as the usual aircraft equipment,

fuel and lubricating oils, spare parts and aircraft stores

including food, beverages, tobacco products and retail goods for

sale to passengers on board, will be exempt from all customs

fees and other levies when imported into the territory of the other party for

provided that all of the equipment and supplies remain on board until the

a time when they are exported from the country or consumed during the flight over

the territory of the other Contracting Party.



(2) with the exception of charges for the services provided will also be exempted from the

fees and charges



a) fuels and lubricating oils received on board the aircraft on the territory of the

one Contracting Party and intended for use in this plane of the specified

the aviation company of the other party on the specified routes, even if

supplies may be used on the portion of the route leading through the territory of the Contracting

the parties, where they have been taken on board;



b) spare parts imported into the territory of one Contracting Party for the purpose of

the maintenance or repair of aircraft designated air enterprise of the other Contracting

by operating years down the track; and



c) stocks received on board in the territory of one Contracting Party in

the range defined by the authorities of that Contracting Party and intended for use on

the deck of this aircraft of the other Contracting Parties of the operating years on

laid down tracks.



(3) the usual onboard aircraft equipment, fuel and lubricating oils,

supplies of aircraft, as well as spare parts on board an aircraft of an air

undertaking each Contracting Party may be unloaded in the territory of the other Contracting

the party only with the approval of the Customs authorities of that Contracting Party. In such a

the case will be stored under the supervision of those authorities, up to the time when they will be

again from the country exported or otherwise used in accordance with the customs legislation.



(4) with equipment, supplies and materials imported on the territory of one of the Contracting

the parties, as stated in the previous paragraphs, shall not be treated without

permission of the Customs authorities of that Contracting Party.



Article. XI



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

the parties will be selected on the basis of its relevant rates specified

authorities in accordance with article 15 of the Convention.



Article. (XII)



(1) the transfers surplus of receipts over the costs, which reached the designated air

the firm of either Contracting Party in the territory of the other Contracting Party,

will be carried out in accordance with the foreign exchange regulations of the other Contracting

the parties and within the valid payment of the agreement between the two countries.



(2) the Contracting Parties shall take measures to facilitate the transfer of revenue to another

of the country.



Article. XIII



(1) in the spirit of close cooperation will be the aviation authorities of the two parties

If necessary, advise, in order to ensure compliance with the principles and

the application of the provisions of this agreement.



(2) any Contracting Party may at any time request the other Contracting Party of

a meeting to discuss the proposal on any modifications to this agreement which would

considered it desirable. The consultation shall take place within sixty days from the date of

submission of the application. Any change to this Agreement agreed at a meeting shall enter

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

only the adjustment of the annex to the agreement, the meeting will be carried out between

the aeronautical authorities of both Contracting Parties. If the parties agree these authorities on a new

or modified Annex, the agreed amendments shall enter into force as soon as

will be confirmed by Exchange of diplomatic notes.



Article. XIV



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. This agreement will expire one year from the date on which the notice of termination

received by the other Contracting Party, unless the notice will be by mutual agreement

revoked before the expiry of this period. If it is not confirmed by the adoption of

the testimony of the other Contracting Party, notice will be deemed to have been delivered

fourteen days after it has received international organization for civil

Aviation.



Article. XV



Any dispute arising out of 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 there is no agreement between the aeronautical authorities, the dispute shall be settled by

the Contracting Parties through the diplomatic channel.



Article. XVI



In the case of the negotiation of a multilateral convention or agreement relating to air

transport, to which the two Contracting Parties, this Agreement shall be

amended so as to be in accordance with the provisions of that Convention, or

the agreement.



Article. XVII



This agreement and any exchange of diplomatic notes, in accordance with article XIII of the

registered with the International Civil Aviation Organization.



Article. XVIII



The annex to this Agreement shall be considered as part of the agreement, and all references to

The agreement will also concern the annex, if it is not expressly provided for

otherwise.



Article. XIX



The agreement will be approved by the constitutional requirements contained in the

national laws and regulations of each party and shall enter

into force after an exchange of diplomatic notes, the date of the later of the two

diplomatic notes confirming compliance with these requirements. The provisions of the

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



In witness whereof the agents, having the proper credentials of their Governments,

have signed this agreement.



Done in Prague on 2. September 1969 in two copies in the English language.



For the Government of the Czechoslovak Socialist Republic:



M. Murin in r.



For the Government of the Islamic Republic of Pakistan:



M. a. Alvie in r.



XIII.



List I



1. Lines, which can operate a specified by the air of the Islamic Republic

Pakistan:



Points of departure:



Points in Pakistan



Point of destination:



Prague



Intermediate points:



Points in the Middle East, the Gulf, North Africa, southern and

South-East Europe, in the USSR



Points for Czechoslovakia:



Central and Western Europe including the United Kingdom, North and South

America



List II



2. the Lines, which can operate a specified by the Czechoslovak air company

Socialist Republic of Vietnam:



Point of departure:



Prague



Point of destination:



Karachi



Intermediate points:



Points in the South and South-East Europe, in the USSR, points in the Middle East

or in the United Arab Republic, paragraphs in the Persian Gulf



Points for Pakistan:



Points in Southeast Asia, the far East, points points in Australia



3. the Supplementary Agreement, the aviation authorities of the two parties will be

points, which will lead the line intended to air companies on

the above lines. Aviation authorities will be based on the principle that

the specified air companies can in all years or in any flight

omitting the landing in any of these set points for

provided that the agreed services the designated air company one

the Contracting Parties shall begin with a point on its territory and will not end with the

the territory of the other Contracting Party, if not otherwise agreed.