On The Agreement On Air Transport Between Czechoslovakia And Austria

Original Language Title: o Dohodě o letecké dopravě mezi ČSSR a Rakouskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30228&nr=70~2F1962~20Sb.&ft=txt

70/1962 Coll.



DECREE



Minister of Foreign Affairs



of 21 June 1999. June 1962



air transport agreement between the Czechoslovak Socialist

Republic and the Republic of Austria



On 1 May 2004. March 1962 in Prague signed the agreement on air transport between the

The Czechoslovak Socialist Republic and the Republic of Austria.



The Government of the Czechoslovak Socialist Republic approved on 11 July.

May 1962. Approval of the agreement by the competent authorities of the Republic of Austria

from the verbale was transmitted on 22 November. May 1962 and its approval by the Government

Notes of the Czechoslovak Socialist Republic on 7 December. June 1962.



According to article 20 of the Agreement entered into force on 7 February 2004. June 1962.



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



David v. r.



The agreement



relating to air transport between the Czechoslovak Socialist Republic and the

The Republic of Austria



The Government of the Czechoslovak Socialist Republic and the Austrian Federal Government

Republic, desiring to conclude an agreement for the development of mutual

air transport and the establishment of air services between the territories of both States and

through this territory have agreed as follows:



Article 1



The definition of the



1. for the implementation of this agreement and its annexes:



and) the term "aviation authorities" means: as regards the Czechoslovak party

-the Ministry of transport and communications-the air Department "as regards Austrian

side of the "Federal Ministry of transport and the economy in electricity as a

the highest civil aviation authority ", or, in both cases, any

other authority empowered to carry out the tasks currently belonging to the

the scope of competence of these offices.



(b)), the expression "specified by air" means the air an undertaking designated by one of the

of the parties, by written notice to the other Contracting Parties in accordance with article

3 this agreement as an aerospace firm that will operate the international

air services on the routes specified in the annex to this agreement.



(c)) the terms "territory", "air service", "international air service", and

"non-commercial" for the implementation of this agreement have the meaning specified by them

articles 2 and 96 of the Convention on international civil aviation.



Article 2



Air traffic rights



1. Each Party shall provide the other Contracting Party the rights referred to in

This agreement with a view to the establishment of a regular international air

services on the lines laid down in the annex to this agreement. Furthermore, they will be

the air service and aircraft tracks called "the agreed services" and "provided for

the track ". Aviation businesses specified by each Contracting Party shall enjoy in the

the operation of the agreed services on the specified route these rights:



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



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



(c) the land with all means) rights for the purpose of unloading or

the treatment of persons, goods and mail in international traffic of trade on

that territory to locations defined for this track in the annex to this

The agreement.



2. the provisions of paragraph 1, a) and (b)) must be interpreted as meaning that it

do not limit the rights and obligations arising from the agreement on transit

international air transport services only on the agreed services

referred to in the annex to this agreement.



Article 3



The granting of authorisations



1. each Contracting Party shall have the right to designate in writing to the other party

the aerospace company to operate the agreed services on the specified routes.



2. When it receives a second party of this determination, it shall issue without delay with the

subject to the provisions of paragraphs 3 and 4 of this article to the designated air

undertaking the appropriate permission.



3. each Contracting Party shall have the right, by written notice to the other Contracting

Parties to cancel the designation of an air company and specify a different air.



4. The aviation authorities of one Contracting Party may require that an air

an undertaking designated by the other party has demonstrated that it is capable of fulfilling the

under the requirements of laws and regulations that these aviation authorities will be

apply in the usual manner in accordance with the provisions of this agreement for

the operation of international air services.



5. each Contracting Party shall have the right to refuse to issue the permission referred to in

paragraph 2 of this article or order the air company for the exercise of the rights

identified in article 2, such conditions as it considers necessary,

If it has been demonstrated that substantial ownership and effective control of

This air company belongs to the party that has designated the air

undertaking, or its members.



6. Air specified and approved may at any time initiate operation

the agreed services, provided that the rates laid down for the following services

in accordance with the provisions of article 11 of this agreement came into force.



Article 4



The adjustment of the capacity of



Transport capacity offered by each designated airline company for

the pursuit of agreed air services will be adapted to the transport

demand and will be fixed in respect of the common parts by direct agreement

between designated airlines; This agreement will be subject to the approval of the

the aeronautical authorities of both Contracting Parties.



Article 5



Approval schedules



Flight schedules will be reported to the designated undertaking each of the air

of the Contracting Parties for approval by the aviation authority of the other Contracting Party,

no later than 30 days prior to their introduction.



Article 6



Appeal permission and prohibition on the exercise of the rights



1. each Contracting Party has the right to revoke the permission granted to the air

the company designated by the other party or to disable air

an undertaking to exercise the rights referred to in article 2 of this agreement, or impose

the conditions that it considers necessary for the exercise of these rights:



and if not her) demonstrated that substantial ownership and effective

the management of this air company belongs to the party that has designated

the aerospace firm, or its members,



(b)) if the air does not comply with the laws and regulations of a Contracting

the party that this law provides,



c) if air will not otherwise comply with the terms

service under this agreement.



2. If you will not need the immediate revocation of permission instantaneous

the ban on the exercise of rights or the immediate cancellation or imposition of the conditions referred to

in paragraph 1 of this article in order to prevent further violations of the

laws or regulations, this law will be applied only after negotiations with the

the other Contracting Party.



Article 7



Customs duties and other charges



1. Aircraft used by the designated airlines of both Contracting Parties enterprises

for international air services, as well as their usual equipment,

spare parts, supplies, fuel and lubricating oils and supplies

Board (including food, beverages and tobacco) are entering the territory of

the other Contracting Party shall be exempt from all customs duties, inspection fees and

other benefits, provided that the equipment and supplies remain on board

the aircraft until the removal of the.



2. Treatment no less favourable than in the case of State rejected the highest

benefits will be provided in the case of customs duties and other duties and charges when it comes

on the following subjects:



and) stocks taken on board in the territory of one Contracting Party, within the limits of

laid down by the authorities of that Contracting Party and intended for use on board

the aircraft of the other Contracting Parties to a given track;



(b)) to the normal spare parts and equipment imported into the territory of a Contracting

the parties for the purpose of maintenance or repair of aircraft used on a specified

the track designated by airline companies of the other party;



c) fuels and lubricating oils, intended as a store for aircraft

used by the undertaking to the designated airline of the other party for

international air services, even when these stores will be consumed for

flight over the territory of the Contracting Party in whose territory they were taken on

deck. You can require that the objects referred to in paragraphs), b), c)

remain under customs supervision.



3. Fuel, lubricating oils, spare parts, the usual amenities

aircraft and in-flight supplies intended for the use of the agreed services may

be stored at airports, on which flies a specified air.



4. Common facilities, as well as objects and supplies, which remain on the

Board of one Contracting Party may be in the territory of the other Contracting

the party landed only with the consent of its offices. In such a

If you can put surveillance provided for in the customs legislation of these offices to

the time when will once again be exported or will be otherwise loaded with them.



Article 8



Airport and similar charges



Each Contracting Party may impose or authorize the imposition of reasonable

charges for the use of airports and other facilities, provided that these

fees will not be higher than the fees paid by an air company

running a similar international air services.



Article 9



Exemption from taxes



Air companies of one party will be exempt on the territory of the other

the Contracting Parties and in accordance with national law, from income tax,

of the proceeds, property and taxes levied by summary paid wages, as well as

from similar taxes, which will be in the future on the territory of that Contracting

the parties put in place; However, this exemption will apply only to activities

directly related to the operation of air transport and transport

to the airport.



Article 10



Direct transit traffic



Passengers flying all around the territory of one Contracting Party, subject to

only very simplified customs control. Luggage and goods are in direct


transit transport shall be exempt from customs duties and other similar benefits.



Article 11



Shipping rates



1. the rate that will be air companies of one party to charge for

transportation on the territory of the other Contracting Party, or from its territory, must be

laid down in the appropriate amount, and taking into account all relevant

factors, including operating costs, reasonable profit and other

Aviation businesses on the same lines.



2. the rate referred to in paragraph 1 of this article shall be agreed upon, if it

It will be possible, the participating airlines designated by the two contracting companies

the parties, after consultation with other air companies that operate on this

track or part thereof; This agreement will be performed if it will

possible, in the manner prescribed for the determination of rates, an International Association

(IATA).



3. Following the agreed rate shall be submitted no later than 30 days before the

the proposed date of their introduction of aviation authorities for approval

the Contracting Parties; in special cases, this period may be considered

the consent of the said authorities.



4. subject to the provisions of paragraph 3 of this article may not be that

has not been approved by the aviation authority of either Contracting Party, to enter in the

force.



5. the rate determined in accordance with the provisions of this article shall remain in force,

until they are established according to the provisions of this article of the new rates.



6. If the designated airline companies cannot agree on one of the

These rates, or if it is not for any other reason the rate determined according to the

the provisions of paragraph 2 of this article, or if the aeronautical authority of one

the Contracting Parties shall communicate to the aviation authority of the other party, during the first

15 days of the 30-day period referred to in paragraph 3 of this article, your

disagreement with any rate agreed in accordance with the provisions of paragraph 2

This article attempts to the aviation authorities of the Contracting Parties to determine the rate

by mutual agreement.



7. If the aviation authorities cannot agree on the determination of the rates referred to in

in paragraph 6, the dispute shall be resolved in accordance with the provisions of article 17 of this agreement.



Article 12



Representation of air companies



Specified by the air of one Contracting Party shall be entitled to maintain the

the territory of the other Contracting Party, the technical and commercial personnel needed for

operation of its air services, as well as establish and operate in the main

the city's own Office in the framework of the laws and regulations of the other Contracting

party.



Article 13



Statistics



The aviation authorities of each Party shall provide to the aviation authorities of the other

the Contracting Parties shall, on request, all the statistical evidence is

reasonably require for the purpose of verifying the capacity offered by the designated

air company of the first party on the lines laid down in the annex

to this agreement. These documents will contain all the data needed for

determination of the extent of the transport, as well as the default location and space transport

of determining, in relation to the places in the agreed list of tracks.



Article 14



Consultation



The aviation authorities of the Contracting Parties will, in the spirit of close cooperation from time to

time to consult in order to ensure the proper implementation of the provisions of this

The agreement and its annexes. Such consultations shall be commenced within 60 days after the

the date on which it was requested.



Article 15



Changes



1. If either Contracting Party considers that it is necessary to change the

some of the provisions of this agreement, it may request consultation with the other

Contracting Party; such a consultation, you can perform the aviation authorities

orally or in writing, will be launched within 60 days after the date on which it was

applied for. The following agreed amendments shall enter into force as soon as

confirmed by Exchange of diplomatic notes.



2. amendments to the annexes to this Agreement shall be carried out by direct agreement between the

relevant aeronautical authorities of the Contracting Parties. These changes require the

confirmation of exchange of diplomatic notes.



Article 16



The ratio to the multilateral conventions



Will be concluded multilateral Convention in order to bind both parties,

This agreement and its annex to be amended in accordance with the

the provisions of that Convention.



Article 17



Resolution of conflicts



There is a contradiction between the Contracting Parties regarding the implementation or

interpretation of this agreement and its annexes, it tries to Contracting Parties

resolved by negotiation between the aeronautical authorities; If these negotiations

successful, it will be a contradiction is resolved through diplomatic channels.



Article 18



Notice Of Termination Of The Agreement



Each Contracting Party may at any time notify the other party

of its intention to terminate this agreement; This notification will be communicated at the same time

The International Civil Aviation Organization. In this case, the end

agreement w months after the date when the other party notice of termination

If it is not received before the expiry of the agreement on mutual

withdrawn. In the event that the other party has not acknowledged the

notice will be deemed to have that testimony came 14 days after its adoption

The International Civil Aviation Organization.



Article 19



Registration



This agreement and any amendment shall be notified to the International registration

Civil Aviation Organization.



Article 20



Entry into force of



This agreement shall enter into force upon an exchange of notes on its approval by the

national legislation of both Contracting Parties.



In witness whereof the agents, who were duly authorized

their respective Governments, have signed this agreement and seals.



Done in Prague on 1 May 2004. March 1962 in duplicate in the Czech, and

German, both texts being equally authentic.



For the Government of the Czechoslovak Socialist Republic:



Dr. f. Vlasak in r.



For the Federal Government of the Republic of Austria:



Dr. h. Calice in r.



XIII.



And



An undertaking designated by the Federal Government of the Republic is hereby authorised to

to operate air services in both directions on these established lines:



1. places in Austria-Prague.



2. places in Austria-Prague and beyond.



(B)



An undertaking designated by the Government of the Czechoslovak Socialist Republic is hereby authorised to

to operate air services in both directions on these established lines:



1. Place in the Czechoslovak Socialist Republic-Vienna.



2. Place in the Czechoslovak Socialist Republic-Vienna and beyond.



(C)



Space further be determined later by agreement of the aviation authorities of the two

of the Contracting Parties.