On The Agreement Between The Czechoslovak Socialist Republic And Libya Concerning Air Services

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

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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

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