84/1977 Sb.
DECREE
Minister of Foreign Affairs
of 29 April 2004. September 1977
on the agreement between the Government of the Czechoslovak Socialist Republic and the Government
Libyan Arab Republic on regular air services between the
their respective territories and those territories
17 May. December 1976 in Prague was the agreement signed between the Government of
The Czechoslovak Socialist Republic and the Government of the Libyan Arab
States on scheduled air services between their respective
territories and those territories. Agreement entered into force in accordance with their
Article 17 on 10 December. August 1977. The Czech version of the agreement shall be published in
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 Libyan
Arab States on scheduled air services between their
the relevant territories and those territories
The Government of the Czechoslovak Socialist Republic and the Government of the Libyan Arab
Republic, hereinafter called "the Contracting Parties", being parties to the Convention on the
International Civil Aviation, opened for signature at Chicago on December 7.
December 1944, desiring to conclude an agreement for the purpose of introduction
air services between their respective territories and those territories,
have agreed as follows:
Article 1
1. for the purposes of this agreement, unless the text indicates otherwise:
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, if these annexes and amendments to the acquired
the effectiveness of, or have been accepted by the two parties.
(b)) the term "aeronautical authority" means, as regards the Government of the Czechoslovak
the Socialist Republic, the Federal Ministry of transport and any
the person or body responsible for the implementation of the acts at the present time
carried out by the said authority, or similar operations, and when it comes to Government
The Libyan Arab Republic the Director General of the Department of civil,
Aviation, Ministry of communications and any person or authority responsible for
the implementation of the tasks currently carried out, referred to the General
Director, or similar acts.
(c)), the expression "specified by air" means the air that one
Contracting Party shall designate by written notice to the other party in accordance with the
Article 3 of this agreement.
(d)) the terms "territory", "air service", "international air service",
"air" and "land for non-traffic purposes" have the meanings
laid down in articles 2 and 96 of the Convention.
(e)), the term "capacity" in relation to an aircraft, means the payload
aircraft used on the track or on the road.
(f)), the term "capacity" in relation to the specified air service means
the capacity of the aircraft used for this service znásobenou frequency
operated by such aircraft during that period on the line
or on its section.
(g)), the term "Annex" means an annex to this agreement, which will be treated as
for her part, and all appeals to this Agreement shall include
appeal to the Annex, unless explicitly specified otherwise.
Article 2
1. each contracting party grants to the other Contracting Party the rights set out
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. These services and
the tracks are also called "the agreed services" and "track".
2. Pursuant to the provisions of this agreement specified air each Contracting
the party will be when operating the agreed services on the specified route taking
the following rights:
and) fly without landing across the territory of the other Contracting Party;
(b)) to land in that territory for non-traffic purposes;
(c)) to land in that territory at the points specified for that route in the
Annex to this agreement for the purpose of loading and unloading of passengers,
cargo and mail in international traffic.
3. The provisions of paragraph 2 of this article nezmocňují the designated air
one Contracting Party to a treatment of passengers, cargo or mail in the territory
the other party to transport to another point in the territory of the other
Contracting Party for the rent or payment.
Article 3
1. each Contracting Party may, at its discretion, to operate the tracks
set out in the annex to this agreement wholly or partly immediately or
later, provided that:
a Contracting Party designates in writing) to the other party for the air
the purpose of operating the agreed services on the specified routes.
(b)), the second party will grant to the designated airline of the undertaking without delay
the appropriate operating authorization in accordance with their laws, rules and
regulations.
2. 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 established in the laws and regulations of the Office
Typically, and appropriately used in accordance with the provisions of the Convention when operating
international air services.
Article 4
1. each Contracting Party shall have the right to refuse the designation of an air
undertaking and the undertaking to remove or deny the rights set out in the air
Article 3 of this agreement, or impose such terms and conditions that may be considered
necessary in the use of these rights in each air company
If it is not satisfied that substantial ownership and
effective control of the aviation company belongs to the party that determines the
the air company or its nationals.
2. each Contracting Party shall have the right to refuse operating authorisations
or suspend the exercise of the rights set out in article 2 of this agreement for the air
the company designated by the other Contracting Party, or save for use of
These rights to such conditions as it deems necessary in the case where
the air will not be governed by the laws or regulations of the party, which
This law provides, or if the air otherwise
does not flow in the operation of air services in accordance with the conditions laid down
in this agreement.
3. If immediate refusal, suspension or imposition of the said
the conditions will not be necessary to prevent further infringements of laws or
provisions, this right will be exercised only after consultation with the other Contracting
party.
4. In the case that will be followed under this article, the rights of other
the Contracting Parties will not be affected.
Article 5
1. The designated airline businesses of both Contracting Parties will have adequate and
right option to operate agreed services on specified routes
between their respective territories.
2. In operating the agreed services the designated aerospace firm each
the Contracting Parties shall take into account the interest of the designated air company second
the Contracting Parties, so as to affect adversely the services that this
the firm provides on the whole or part of this track.
Article 6
1. The agreed services provided by the designated airlines of the contracting companies
the parties will be in close relation to the transport needs of the public in
laid down tracks and will be taken into account in the first place in order to ensure the capacity of the
the corresponding regular and reasonably anticipated requirements for the transport of
passengers, cargo and mail between the territories of the Contracting Parties, specifying the air
Enterprise and the country of destination in reasonable usage of this capacity.
2. Permission to carry passengers, cargo and mail, pickled and
landed on the specified routes in the territories of other States points than
the State that has designated the air, will be granted in accordance with the General
the principles according to which capacity will be in relation to:
and shipping requirements to and) from the territory of the Contracting Party which has designated
Aviation firm;
(b) traffic requirements of the area), which air passes through, with
taking into account the air services operated by other air companies
States in this field; and
(c) requirements for the direct) air operations.
3. In operating the agreed services capacity offered by each
designated by the air company will be determined by agreement between the aeronautical authorities
both parties prior to initiation of the agreed services. Any
a change in the capacity offered will also be determined by the agreement referred to
aviation authorities, after consultation and written confirmation.
Article 7
1. the laws and regulations of one Contracting Party governing entry of aircraft
engaged in international flying into its territory, and the output from it, or
that apply to the operation and flying these aircraft on its territory,
they are binding for the aircraft of the air company designated by the other Contracting
party.
2. the laws and regulations of one Contracting Party governing entry into its
territory, sojourn, transit and departure of passengers, for the members of the
air crew, cargo and mail, such as provisions relating to the entry, exit,
emigration and immigration, as well as customs and health measures,
will be binding for the passengers, members of the air crew, cargo and mail
transported by airplane designated air company of the other party,
If located on that territory.
3. the designated aerospace enterprise of one Contracting Party shall have the right to maintain
representation, including the commercial, administrative and technical staff
on the territory of the other Contracting Parties, as appropriate, by the corresponding
the services and in accordance with applicable laws and regulations.
Article 8
1. the aeronautical authority of one Contracting Party shall ensure that its designated air
the undertaking provided by the aviation authority of the other contracting parties adequate advance
in advance, for information, copies of the flight schedules and fares and their
any changes, or other important information concerning the operation of
agreed services including data on capacity offered and required
Aviation Authority with a view to possible examination of the implementation of this agreement.
2. the aeronautical authority of one Contracting Party shall ensure that its designated air
the undertaking provided by the aviation authority of the other Contracting Parties the transport
statistics about the agreed services indicating the origin and destination, if possible
This transport.
Article 9
1. aircraft designated air undertaking each Contracting Party used
in operating the agreed services, as well as their usual equipment,
stocks of fuel and lubricants, spare parts and supplies aircraft
(including food, beverages and tobacco) on board such aircraft shall be
be exempt from all customs levies, inspection, and other fees or
taxes on arrival in the territory of the other Contracting Party, provided that this
equipment and supplies remain on board the aircraft up to the time when they will be
exported again.
2. From the same benefits and taxes will also, with the exception of fees
the respective services carried out:
and the stocks of aircraft taken on) the Board, in the territory of each Contracting Party
within the limits laid down by the competent authorities of the Contracting Party for use
on board the aircraft engaged in international air services of the other
the Contracting Parties;
b) spare parts imported into the territory of each Contracting Party for the maintenance or
repair of aircraft used on international services by the designated air
the enterprise of the other party;
c) fuel and lubricating oils, intended for the supply of aircraft
carrying out international services by the designated airline of the other undertaking
Contracting Party, even when these stores will be used on the part of the journey
conducted over the territory of the Contracting Party in which they are taken on board.
May be required to make the material above mentioned in subparagraphs), b), and
(c)) was under customs supervision or control.
3. The usual device of aircraft, as well as the materials and supplies left on
Board the aircraft of either Contracting Party may be unloaded in the territory of the
the other Contracting Party only with the approval of the Customs House in the territory. In
this case may be stored under the supervision of the Customs House until the time when
will be exported or otherwise will be treated in accordance with
Customs legislation.
Article 10
1. The tariffs to be used for the transport of passengers and goods on the agreed
services will be laid down in the appropriate amount, and will be duly
taken of all relevant factors, including the cost of the economic
operation, reasonable profit, characteristics of service (difference in including
average speed and travel arrangement) and tariffs used by other
Aviation businesses on the route or to a part thereof.
2. The tariffs to be used by the designated air transport enterprises
set out the lines between the territories of two Contracting Parties, or between the territories of
third countries and the territory of either Contracting Party shall be established either:
and) created for this purpose through the procedure of the international
Air Transport Association, whose members are designated by air;
or
(b) by agreement between the designated airlines) undertakings when these undertakings are not
members of the same organization of air companies, or when there were no tariffs
determined; If a Contracting Party did not identify the airline business for the
some of the specified routes and fares for this route has not been determined
referred to in paragraph 2a) of this article, the aerospace undertaking designated to the other Contracting
a party may provide for the operation of the tariffs on this track.
3. the tariffs so established shall be submitted for approval to the aviation authorities
both Contracting Parties and shall enter into force after notification of their approval
These aviation authorities, or after the expiration of forty-five days after its
the receipt of these aviation authorities, will not be issued if the notification, if
Meanwhile, the aeronautical authority of either Contracting Party has not announced its opposition.
4. If the tariffs are not established in accordance with paragraph 2 of this article or
Aviation Authority of a Contracting Party does not agree with them, the Contracting Parties
attempts to reach an agreement, and to do everything necessary for its implementation.
If the contracting parties fail to agree, the dispute will be discussed in accordance with the
Article 12. Until the dispute is resolved by agreement or before
decided in accordance with article 12, the competent aviation firms will use
not yet set fares, or if the tariffs have not yet been determined, will be
use reasonable fares.
Article 11
Each Party shall provide to the designated airline of the enterprise of the other Contracting
parties have the right to freely transfer to their headquarters a surplus of receipts over expenditures
This air achieved by the undertaking on its territory for transport
passengers, cargo and mail in convertible currency according to the official
the conversion rate as determined in accordance with the provisions in force at the time of
the desired conversion.
Article 12
Any dispute concerning the interpretation or implementation of this agreement NEB. her
The annex will be settled by direct negotiation between the aeronautical authorities of both
of the Contracting Parties. If between the aviation authorities will not be achieved
the agreement, the dispute shall be settled through diplomatic channels.
Article 13
1. In the spirit of close cooperation, aviation authorities of the two parties
carried out according to the needs of the consultation on the implementation and satisfactory
the implementation of the provisions of this agreement and its annexes.
2. each Contracting Party may request consultations which will commence
within sixty (60) days from the date of receipt of the request, unless both Contracting
the parties agree to extend this period.
Article 14
1. If a Contracting Party considers it desirable to change the
any provision of this agreement, it may request consultations between
the aeronautical authorities of both Contracting Parties, and in this case, such
consultations shall begin within sixty (60) days from the date of submission of the application.
Changes to the following agreed upon shall enter into force following the exchange of diplomatic notes
confirming that these amendments have been approved in accordance with their
constitutional requirements.
2. If any of the aeronautical authority of the two parties will be considered as
desirable to amend the provisions of the annexes to this agreement, it may request
consultation between the authorities and in this case, such consultations will be
started within sixty (60) days from the date of submission of the application. Amendments to the annex to
This Agreement agreed between the authorities, may be provisionally carried out
from the date of the agreed aviation authorities and will enter into force after their
confirmation of exchange of diplomatic notes.
Article 15
Each Contracting Party may at any time notify the other party of its
the decision to terminate this agreement; This announcement will be at the same time
communicated to the International Civil Aviation Organization. In this case,
This agreement shall expire twelve (12) months from the date of receipt of the
notification by the other party, unless the notice of termination will not
mutual agreement revoked before the expiry of that period. If it is not confirmed
receipt of notice of termination to the other Contracting Party, notice will be deemed
received fourteen (14) days after it has received the international organization
the civil aviation authority.
Article 16
This agreement and any amendments thereto shall be registered with the international
Civil Aviation Organization.
Article 17
This agreement shall enter into force on the exchange of diplomatic notes of the
the parties confirming that agreement has been approved in accordance with their respective constitutional
requirements.
Done at Prague on 17. December 1976 in duplicate in
the Czech, Arabic and English, each text being equally authentic.
In the event of a dispute concerning the interpretation or application of the agreement, the English text will be
crucial.
In witness whereof the undersigned, being duly authorised by their duly authorised
Governments, have signed this agreement and afford it your seals.
For the Government of the Czechoslovak Socialist Republic:
Alice Kalický pp
For the Government of the Libyan Arab Republic:
Pasture Mohammad Buzakuk v.r.
XIII.
Part 1:
The line, which will be operated in both directions specified by the air company
the Government of the Czechoslovak Socialist Republic:
Point of departure Intermediate points Destination points for
Points in Czechoslovakia will be determined point in the LAR will be
later designed
later
Part 2:
The line, which will be operated in both directions specified by the air company
the Government of the Libyan Arab Republic:
Point of departure Intermediate points Destination points for
Points will be identified in the LAR Point in Czechoslovakia will be
later designed
later