On The Agreement Between The Government Of The Czechoslovak Socialist Republic And Ghana Concerning Air Services

Original Language Title: o Dohodě mezi vládou ČSSR a Ghanou o leteckých službách

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30201&nr=45~2F1962~20Sb.&ft=txt

45/1962 Coll.



DECREE



Minister of Foreign Affairs



from day 4. April 1962



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

The Republic of Ghana concerning air services between their countries and through their

the territory of the



On 2 February 2005. August 1961 in Prague was the agreement signed between the Government of

The Czechoslovak Socialist Republic and the Government of the Republic of Ghana on

air services between their countries and through their territory.



The Government of the Czechoslovak Socialist Republic approved the Agreement on 31 December 2004.

January 1962. The approval of the Government of the Czechoslovak Socialist Republic

from the verbale was transmitted on 14 June 2005. March 1962 and the approval of the Government of the Republic

Ghana also note of 14 July 2004. March 1962.



According to article 16 of the Agreement entered into force on 14. March 1962.



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



David v.r.



The AGREEMENT



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

Ghana air service between their countries and through their territory



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



being parties to the Convention on international civil aviation, which was

opened for signature at Chicago 7. December 1944, and



Desiring to conclude an agreement on the establishment of air services between their countries

and through their territories, which would supplement the said Convention,



have agreed as follows:



Article 1



For the purposes of this agreement, you will not be required to link otherwise



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

opened for signature at Chicago 7. December 1944, and includes all

Annex adopted under article 90 of that Convention and all these add-ons

the annexes to the Convention or in its article 90 and 94;



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

the Ministry of transport and communications-the air Department and any person or

the bodies authorized to carry out the same or similar features that now

exercises referred to the Ministry; as for Ghana, the Minister responsible

for civil aviation and any persons or bodies authorised to carry out

the same or similar functions, which now performs this Minister;



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

Contracting Party in accordance with article 3 of this agreement, shall notify the other

party as a company that will operate the air services on the

the lines referred to in this notice;



(d)), the term "transition to a plane on the other capacity" means the operation of

air services the designated airline undertaking in such a way that, for

one section of the line is applied to aircraft of different capacities from aircraft

used on a different route;



(e)), the expression "territorial" means in relation to a State land area and

the adjacent coastal waters and to them



(f)) the terms "air traffic services", "international air transport

"service" means an air transport undertaking, "and" land for non-traffic purposes "

shall have the meaning specified by them in article 96 of the conventions of y.



Article 2



(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 (hereinafter called "the agreed

services "and" provided for the track ").



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

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

track the following privileges:



and létati) without landing across the territory 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 lines to this agreement, for the purpose of loading and unloading of passengers,

freight and mail in international traffic.



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

air transport enterprises of a Contracting Party gives the privilege to deal

on the territory of the other Contracting Party, passengers, cargo or mail carried

in return for payment or rent to another point in the territory of the other

the Contracting Parties.



Article 3



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

the side of one or more air transport companies to operate

agreed services on specified routes.



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

the provisions of paragraphs 3 and 4 of this article to the designated airline of the undertaking or

undertakings without delay the appropriate operating authorisation.



(3) the aeronautical authority of one Contracting Party may request that the aerospace company

designated by the other Contracting 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

commercial air services.



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

the transport undertaking and deny, or revoke the privileges granted to the air

the transport undertaking in accordance with the provisions of article 2, paragraph 2, of this agreement

or save him in the use of these privileges such conditions as it deems

must, if it is not satisfied that substantial ownership and

the actual management of the aviation company belongs to the party or

nationals of a Contracting Party, indicating the Aerospace business.



(5) Thus designated and authorized by an air transport undertaking may start

to operate the agreed services, at any time after the fulfilment of the provisions of paragraph 1 and

2 of this article, provided that the operation of the services will not occur before the

until agreement is reached in accordance with article 5, paragraph 4 until

entry into force the tariffs laid down for this service in accordance with the

Article 7 of this agreement.



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

business use of the concessions provided for in article 2, paragraph 2 of this agreement

or save such conditions when using these privileges, what will be

deemed necessary in cases where the undertaking does not comply with the

the laws and regulations of a Contracting Party that provides these privileges, or when

otherwise, it will not be bound by the terms set out in this agreement; in doing so,

assume that the rights to an immediate withdrawal of privileges or the imposition of conditions

will be used without consultation with the other party only if the

This is necessary to prevent further infringements of laws or regulations.



Article 4



Fuel, lubricating oils, spare parts, the usual

equipment and cleaning supplies that are imported or taken into

Board the aircraft on the territory of one Contracting Party, the other Contracting Party

or on behalf of, or its designated by the air company or business, and

to be used exclusively by aircraft or aircraft of those undertakings,

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 that territory and which are intended for use by aircraft or in

the plane, a foreign company providing international carriage by air

transport services, which benefits from the principle of MFN treatment.

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 5



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

to operate the agreed services on specified routes between the two countries.



(2) the operation of the agreed services shall be air transport enterprises

Each Contracting Party shall take into account the interests of the airline companies of the second

Parties to chose an inappropriate way to the services that these

businesses provide wholly or in part on the same lines.



(3) the agreed services the designated airline companies of the Contracting Parties

operated with the highest attention to the requirements of the public transport to the

set out the lines and their priority objective will be to make reasonable

loading ensure adequate transport capacity to meet

normal and foreseeable requirements for the carriage of passengers, freight and

mail from the territory of a Contracting Party which has designated the airline business, or for

This territory. Passengers, cargo and mail to be differed or

landed on specified routes, but on the territories of other States than those

designated by air, the're trucked in accordance with the General

the 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 transport services provided by air traffic

undertakings of States in this field;



(c) requirements for operation on) průletových air lines.



(4) the details of the operation of the services will be agreed upon before the start of

These services between designated airlines companies and will be approved

the aeronautical authorities of both Contracting Parties.



Article 6



Specified by the air of one Contracting Party may cross the plane of the


other capacity in a place situated in the territory of the other Contracting Party only with the

conditions,



and) that such a change is justified by the cost efficiency of operations,



(b)) that the aircraft used in the field far from a final station located

on the territory of the first party to have a smaller capacity than the aircraft used

on closer inspection of the section,



(c)) that the smaller capacity aircraft will be used only in conjunction with the aircraft

greater capacity, which will be indicated in the flight plan; the first will come on

the place where the transition will be made, for the purpose of transfer of cargo from the

larger capacity aircraft or to this aircraft and their capacity will be

established as a priority in the light of this purpose,



(d) that there is a reasonable volume of) průletového service, and



(e)) that the provisions of article 5 of this Agreement shall apply to all

measures concerning the transition to a plane on the other.



Article 7



(1) Tariffs on negotiated air services will be laid down in

appropriate amount, and will take due account of all the authoritative

factors, including operating costs, reasonable profit, special feature

Services (e.g. speed and level of care for passengers), and the fares of other

air transport enterprises for any section of the specified line. 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

discuss with other air traffic undertakings

air transport on the route or to a part thereof. If

possible, such an agreement shall be carried out with the help of the system for the determination of

tariffs of the international air transport association. Agreed as follows

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



(3) If a designated airline companies to agree on any of the

These tariffs, or if for some other reason can be achieved

agreement on the plan in accordance with the provisions of paragraph 2 of this article,

attempts to the aviation authorities of the Contracting Parties to establish the tariff on the basis of

the agreement between them.



(4) unless otherwise agreed by aviation authorities for approval of a plan for them

submitted in accordance with paragraph 2 of this article, or on the determination of the

any plan referred to in paragraph 3, the dispute shall be resolved in accordance with the

the provisions of article 11 of this agreement.



(5) except in cases subject to the provisions of article 12, paragraph 3

This agreement has not entered into force, no plan if the authorities of one of the

the parties do not agree with him.



(6) Tariffs, which were established in accordance with the provisions of this article,

will remain in force until they are established under this article

the new tariffs.



Article 8



Each Party shall provide to the designated airline of the other businesses

the Contracting Parties the right to transfer their headquarters all the extra earnings

in accordance with the relevant provisions of the credit agreement between the two

the Contracting Parties.



Article 9



Specified by the air of one party will have in the framework of

the laws of the other Contracting Party relating to stays of aliens, the right

maintain in the territory of that other party such a technical and commercial

staff, out it should be for the operation of air transport services.



Article 10



The aviation authorities of one Contracting Party shall provide to the aviation authorities of the other

the Contracting Parties at their request such periodic or other statistical

the data in the range out you need to get an overview of the capacity, which

for agreed air services provide air companies of that Contracting

party. This information will be included with all information necessary for the

finding the volume of a shipment that these air transport enterprises

provide for the agreed-upon services, as well as places, among which is this

transport provided.



Article 11



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

ensure close cooperation on all issues relating to the implementation of this

The agreement.



Article 12



(1) if there is a dispute between the Contracting Parties concerning the interpretation or implementation of the

This agreement, the Contracting Parties shall endeavour, in particular its resolution

the path of mutual negotiations.



(2) if the parties do not reach a solution by negotiation, they may

agree that the dispute shall be submitted for decision to an Arbitration Tribunal

composed of three judges, with each Contracting Party shall appoint

one and two the following appointed judge shall designate the third.



(3) the Contracting Parties undertake to submit to any decision, to

occur under the provisions of paragraph 2 of this article.



(4) If a Contracting Party or designated by air one

the Contracting Party fails to comply with a decision reached in accordance with the

the provisions of paragraph 2 of this article, the other Contracting Party

reasonably restrict, withhold or revoke any rights or privileges,

has provided pursuant to this agreement, the guilty party, the designated

the airline undertaking or undertakings of the Contracting Party or designated

the air company, which has been guilty of.



Article 13



(1) if one of the parties can be considered as desirable change

any provision of this agreement, it shall enter into force after the agreed

that will be confirmed by an exchange of notes.



(2) in the case of the closure of any general multilateral conventions,

for air transportation, the two Contracting Parties will be bound,

This agreement will be modified so as to be in accordance with that Convention.



Article 14



Wishes to one of the parties to terminate this agreement, it may

at the other side. Termination will be at the same time

communicated to the International Civil Aviation Organization. Will be made

notice of termination, this Agreement shall expire 12 months after the date on which the second

the contracting party receives notice of termination, unless notice of termination of agreement

withdrawn before the expiry of this period.



Not confirmed if the other party receiving notice of dismissal will be

It considers that it has received two weeks after the International Organization for

civil aviation adopted by this notification.



Article 15



This agreement and any exchange of notes referred to in article 13 shall be registered with the

The International Civil Aviation Organization.



Article 16



This agreement is subject to approval by the relevant constitutional provisions of both

the Contracting Parties and shall enter into force on the date when they will be replaced, the note about

This approval.



However, the Contracting Parties agree that the provisions of this Agreement shall be

used from the date of its signature.



In witness whereof the agents, duly authorised thereto by their

Governments, have signed this agreement.



Done in Prague on 2. August 1961 in two copies, each in the language

Czech and English, both texts being equally authentic.



For the Government of the Czechoslovak Socialist Republic



Dr. František Vlasak v.r.



For the Government of the Republic of Ghana



Krobo Edusci v.r.



XIII.



List of tracks and.



The track, which will be operated by the designated airlines flights companies

The Czechoslovak Socialist Republic



Point of departure, Czechoslovakia



Intermediate points (one or more of the following)



Zürich or Rome or Milan or Marseille



Rabat or Casablanca or Tunis or Tripoli (without providing a fifth

freedom between Tripoli and Akkrou)



Bamako (without the provision of fifth-freedom service between Bamakem and Akkrou) or



Conakry or Kano (without providing a fifth freedom between Kano and Akkrou)



or Lagos (without the provision of fifth-freedom service between Lagos and Akkrou).



Places in Accra of Ghana and



List of routes (B).



Tracks on which flights will be operated by airline companies

The Republic Of Ghana



Point of departure, Ghana



Intermediate points (one or more of the following)



Bamako, Tunis, Zurich



Place in Czechoslovakia and Prague



Moscow (without the provision of fifth-freedom service between Prague and Moscow).