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An Agreement On Air Services Between The Czechoslovak Socialist Republic And The Sudan

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

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113/1968 Coll.



Decree



Minister of Foreign Affairs



of 25 June 2002. April 1968



air services agreement between the Czechoslovak Socialist

Republic and the Republic of the Sudan



On 14 June 2005. May 1966 was in the Khartoum agreement signed on air

services between the Czechoslovak Socialist Republic and the Sudanese

Republic.



According to article XV of the Agreement entered into force on 12 March 2005. February 1968.



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



Dr. H v r.



The agreement



on air services between the Czechoslovak Socialist Republic and the

Republic of Sudan



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

Republic,



Desiring to promote the development of air traffic between their countries and

carry out the widest possible mutual cooperation in this field, based on the

the principles and provisions of the Convention on international civil aviation

opened for signature at Chicago on the seventh of December 1944,

both Governments are parties,



considering that every State has complete and exclusive sovereignty over the

the airspace above its territory, and



Desiring to negotiate an agreement governing the establishment of air services between the

their respective territories and through their territories,



have agreed as follows:



Article. (I)



(1) for the purposes of this agreement, it will not result from the context of something

another,



and) the term "Convention" means the Convention on international civil aviation

opened for signature at Chicago on the seventh of December, 1944, and includes

any annex adopted under article 90 of that Convention and any changes

These annexes or of the Convention according to its articles 90 and 94;



(b)), the term "aviation authorities" means: as for Czechoslovakia,

Ministry of transport-Aviation Department or persons or authorities empowered to

perform the same or similar functions, which now performs

Ministry of transport-Aerospace Division; with regard to the Sudan, Minister of

transport or other persons or bodies authorised to carry out the same or

similar features, which now performs referred to the Minister;



(c)), the expression "specified by air" means the aviation business, which shall notify

one of the parties in accordance with article III of this agreement in writing

the other party as a company that will operate the agreed

services on specified routes;



(d) the term "territory"), "air service", "international air service",

"air" and "land for non-traffic purposes" have the meanings specified

them in articles 2 and 96 of the Convention.



(2) the list of tracks attached to this Agreement shall be considered as part of the agreement,

any reference to this agreement will be, if not from the context

result of something else, at the same time a reference to the list of tracks.



Article II



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

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

the appropriate section of the attached List of lines (called "agreed

services "and" provided for the track ").



(2) pursuant to the provisions of this Agreement shall be accorded air companies each designated

of the Contracting Parties in operating the agreed services on the specified

track the following privileges:



and fly without landing) through the territory of the other Contracting Party in accordance with the

applicable laws and regulations of the other Contracting Party;



(b) the said territory) at the landing for non-commercial purposes, and



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

The list of tracks, attached to this agreement for the purpose of loading and unloading

passengers, freight and mail in international traffic.



(3) Nothing in paragraph (2) of this article shall be interpreted so that the

air companies of one party is given the privilege to receive in the territory of

the other Contracting Party, passengers, cargo or mail, and transported them for

consideration or rent to another point in the territory of the other Contracting

party.



Article. (III)



(1) each Contracting Party shall have the right to determine, in writing, the other Contracting

side one or more airline companies to operate the agreed

services on the specified routes.



(2) on receipt of such a designation shall issue to the other Contracting Party, subject to

the provisions of paragraphs (3) and (4) of this article, the designated air company

or to the designated airline the appropriate operating authorisation without delay to the undertakings.



(3) the aeronautical authority of one Contracting Party may require that the specified

the aviation company of the other party has demonstrated that it is capable to carry out

conditions prescribed by laws and regulations, which are in accordance with the

the provisions of the Convention usually apply in the operation of international

air services.



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

the firm and deny, or revoke the privileges granted by the air company

in accordance with the provisions of article II, paragraph (2) of this agreement, or to save it in the

the use of these privileges of such conditions as it deems necessary, if it is not

convinced that substantial ownership and effective control of

This air company belongs to the party that determines the air

Enterprise.



(5) Thus designated and authorised may begin to operate air

the agreed services at any time after the fulfilment of the provisions of paragraphs (1) and (2)

of this article, provided that the operation of certain services not previously,

until such time as the validity of the fare for this service in accordance with article VI of the

of this agreement.



(6) each Contracting Party shall have the right to suspend the air company

the use of the privileges specified in paragraph (2) of article II of this agreement, or

save him such conditions for the use of these privileges, which will consider the

considers it necessary, in cases where the undertaking does not comply with the laws and

the legislation of the Contracting Party, that the privilege provides, or when otherwise

comply with the conditions set out in this agreement; While it is assumed that the

immediate withdrawal of privileges or conditions proceeding without

consultation with the other party only if it is necessary to

to prevent further infringements of laws or regulations.



(7) the provisions of paragraphs (4) and (6) of this article shall not be applied until the

It will not be notified in advance in writing with the reasons for the other Contracting

party and if the negotiations between the aeronautical authorities of both Contracting Parties,

did not lead to agreement within 30 days from the date of shipment of the said

notice.



Article IV



(1) fuel, lubrication oil, spare parts,

the usual equipment and cleaning supplies that are imported or

taken on board the aircraft on the territory of one of the Contracting Parties designated by the air

the enterprise of the other party, or on its behalf and to be used

only those aircraft or on those flights on set routes,

It will be, in terms of customs duties, inspection fees and other similar national

or local levies and charges are treated as follows:



a) fuels and lubricating oils that remain on board the aircraft when

landing at the last airport before departure from that territory, from

These fees are exempted;



(b)) with fuel and lubrication oil, which are not included under the

the letter a), as well as spare parts, the usual equipment and

cleaning supplies aircraft will be treated no less favourably than

similar supplies imported to that territory, or counting on board

aircraft in the territory designated for use by aircraft or in an airplane

a foreign aviation company providing international air services on

This territory, which enjoys MFN treatment under the policy.



(2) such treatment shall provide each Contracting Party in addition to its commitments,

laid down in article 24 of the Convention, and without prejudice to these

commitments.



Article. In



(1) aviation enterprises of both parties will have the same opportunity

to operate the agreed services on the specified routes.



(2) the operation of the agreed services shall be air companies of each of the

the Contracting Parties take into account the interests of the airline companies of the other Contracting

party to an inappropriate way, the wall collapsed into the services that these

businesses provide wholly or in part on the same lines.



(3) the operation of the agreed services shall be designated undertakings of the Contracting

parties can be considered as its priority task with a reasonable workload

ensure the transport capacity for the regular and predictable

the requirements of the public transport between the territories of the Contracting Parties,

determine the air, and the countries of final destination of the service.



(4) passengers, goods and mail, that will be landed in or differed from the

Each places on the lines laid down in the territory of other States than

those designated by air, they're trucked in accordance with

the general principle that the capacity of such transportation will be subject to:



and between) the requirements for the countries where the transport is carried out, and the countries

destination;



b) requirements for the transport in the areas, which the airlines are going through,

with regard to the services provided by air transport enterprises of State

in this area, and



c) requirements for operation průletových air lines.



Čl.VI



(1) Tariffs on any agreed services shall be established in a reasonable

the amount, and will take due account of all the decisive factors

operating costs, including a reasonable profit, the specificities of services

(for example, speed and level of care for passengers), and the fares of other

air force on any section of the undertakings laid down the track. These


the tariffs shall be determined in accordance with the following provisions of this

article.



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

representatives from related sites, if possible, will be agreed for each

set the track between the competent designated airline companies after

consulting the other airline companies

air transport on the route or to a part thereof. Agreed as follows

the tariffs are subject to the approval of the aviation authorities of both Contracting Parties.



(3) If a designated airline companies agree on one of these

tariffs or if it is not otherwise possible to reach agreement on the plan in

accordance with the provisions of paragraph (2) of this article, it tries to air

authorities of the Contracting Parties to determine the tariff by mutual agreement.



(4) unless otherwise agreed by aviation authorities for the approval of any tariff

submitted by them in accordance with the provisions of paragraph (2) of this article or

the determination of the tariff in accordance with the provisions of paragraph (3), the dispute shall be resolved in

accordance with the provisions of article X of this agreement.



Article. (VII)



Specified by the air of one party will have the right to maintain on a

the territory of the other party a reasonable number of technical and commercial

employees in accordance with the laws and regulations of the Contracting Party on whose

territory are these employees.



Article. (VIII)



Aviation authorities will, if necessary, to advise, to ensure close

mutual cooperation in all matters relating to the implementation of this

The agreement.



Article. (IX)



The aviation authorities of both Contracting Parties will provide aviation authorities

the other Contracting Party at their request such periodic or other

the information that is necessary for the assessment of transport capacity provided by

for the agreed services.



Article. X



(1) If a dispute arises between the Contracting Parties concerning the interpretation or implementation of the

This agreement, the Contracting Parties resolves the direct negotiation between air

authorities or, if that conduct was not successful, through the diplomatic channel.



(2) if the parties have not reached the settlement of the dispute through negotiation, according to

the provisions of paragraph (1) of this article, within 90 days from the time

When the issue was first presented by one party to the other

Contracting Party, the dispute shall be submitted to the decision of the Arbitration Tribunal

composed of three arbitrators appointed as follows:



and) each Contracting Party shall designate one arbitrator;



(b)) the third arbitrator, who shall be Chairman of the Tribunal, will be determined either by the agreement

between the parties or between the two arbitrators have already designated.

If the third arbitrator is not within sixty days of such designation shall apply to both

the Contracting Parties to the Council of the International Civil Aviation Organization, to

do so after consultation with both sides.



(3) the Contracting Parties undertake to comply with the decision made pursuant to paragraph

(2) of this article.



Article. XI



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

change some of the provisions of this agreement, it may request that between air

the authorities of both Contracting Parties, the negotiations have been initiated; such negotiations

occurs within 60 days of the request. Amendments to the agreement, if the

the parties agreed upon, shall enter into force as soon as the Contracting

by Exchange of notes confirming that they have been fulfilled in this respect their

the relevant constitutional provisions.



(2) the Contracting Parties shall undertake to perform provisional measures

agreed between the aeronautical authorities of the negotiations contemplated in paragraph (1)

This article.



(3) If one of the parties or specified by the air some

Contracting Party fails to comply with the provisional measures referred to in paragraph (2)

This article, the other Contracting Party may limit, or revoke privileges

provided under this agreement, or suspend their performance in relation to the

the Contracting Party or to the designated airline of the undertaking that these measures

fails to comply with, and for the time that it takes for this last.



Article. (XII)



In the event that the agreed general multilateral Convention concerning

air transport, which would be bound by the two Contracting Parties, the

Agreement to be amended in accordance with this Convention.



Article. XIII



Each Contracting Party may at any time notify the other party that the

wishes to terminate this agreement. This announcement will be at the same time

sent to the International Civil Aviation Organization. If you will be

such notification is lodged, the expiry of this agreement for the twelve months

then, when the other party is adopted, unless notice of termination after

the agreement between the two parties be repealed before the end of this

period. Not confirmed if the other party receiving notice of dismissal

will be considered, that is received 14 days after the date of this notice

adopted by the International Civil Aviation Organization.



Article. XIV



This agreement and any amendments accepted under article XI shall be

registered with the International Civil Aviation Organization.



Article. XV



The provisions of this Agreement shall be provisionally applied from the date of

the signature.



This agreement shall enter into force when the parties exchange

diplomatic notes confirming that it has been ratified or approved by the

their constitutional rules.



On the evidence of the agents of the parties, duly authorised to do this

An agreement was signed.



Done at Khartoum on 14 June 2005. May 1966 in duplicate, each in

the Czech, Arabic and English, while all three texts are

the same is valid; in the event of any conflict in interpretation will prevail

the English.



For the Government of the Czechoslovak Socialist Republic:



Dr. Jaromír Vrla in r.



For the Government of the Republic of the Sudan:



Nasr Eddin El Sayed in r.



XIII.



List of tracks



And.



1. Flights operated by the designated airline company of the Czechoslovak

the Socialist Republic

Point of departure intermediate points Points in the territory of Places on

The Sudanese Republic

Prague or other places Cairo Khartoum Mogadishu

on the territory of the Czechoslovak Beirut, Addis Ababa

Socialist Republic of Athens Džeda

Sofia Nairobi

Belgrade Entebbe

Vienna: Dar es Salaam

Budapest Leopoldville



2. Flights operated by the designated airline of the Republic of the Sudan by the undertaking

Point of departure intermediate points Points in the territory of Places on

The Czechoslovak

the Socialist

of the Republic of

Khartoum or other places Cairo Prague Warsaw

on the territory of the Sudan Beirut, Moscow

Republic of Athens Berlin

Sofia Frankfurt

Belgrade, Amsterdam

Vienna London

Budapest Helsinki



(B).



The specified air companies can in some or all years referred to in

consider omitting all or some of the places on the lines set out in

This list tracks and located on the territory of third States.



(C).



Exercise fifth-freedom traffic rights on routes specified in this List

tracks will be subject to the conditions laid down in the Protocol of signature.