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On The Agreement Between Czechoslovakia And The Arab Republic Concerning Air Services

Original Language Title: o Dohodě mezi ČSFR a Egyptskou arabskou rep. o leteckých službách

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643/1992 Sb.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs communicates the day 4. September 1991

It was in Prague, signed the agreement between the Czech and Slovak Federal

Republic and Egyptian Arab Republic concerning air services.



Agreement entered into force, pursuant to article XIX, paragraph 2. 1 on 9 July 2005.

June 1992. That date expired agreement between the Czechoslovak

Republic and the United Arab Republic for air services from an

on 14 June 2005. August 1959, proclaimed No 23/1960 Coll.



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



The AGREEMENT



between the Czech and Slovak Federative Republic of Brazil and the Arab

Republic concerning air services



Government of the Czech and Slovak Federal Republic and the Government of the Arab

Republic,



efforts to promote regular kept civil air services between

these countries,



have agreed upon the following provisions:



Article. (I)



For the implementation of this agreement and its annexes:



(1) 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 have been

accepted by the two parties.



(2) the term "aeronautical authority" means, in respect of the Czech and Slovak

Federative Republic, the Federal Ministry of transport, in terms of

The Egyptian Arab Republic, Civil Aviation Administration, or both

cases of any authority responsible for carrying out functions in the current

time, performed by the said authorities.



(3) the terms "territorial", "air transport services", "international air

transport service "and" land for non-traffic purposes "have the meanings

laid down in articles 2 and 96 of the Convention.



(4) the term "designated by air" means the aviation business, which was

in writing of the intended aviation authority of one Contracting Party for the aviation authority

the other Contracting Party as a designated air, referred to in articles II and III of the

the agreement, to operate the agreed services.



(5) the term "service" means the international air transport

the service set out in the annex to this agreement.



(6) the term "freight air transport service" means the international

air transport service operated by the designated airline company or

businesses of any Contracting Party in which they are transported exclusively goods

and the instrumental accompaniment for the item and that it is impossible to haul paying

passengers.



(7) the annex to this Agreement shall form an integral part of the agreement and all

appeal to the agreement shall include an appeal to the attachment, if not

unless otherwise provided for.



Article II



The Contracting Parties shall provide each other with the rights referred to in this agreement for

the purpose of the establishment and operation of the agreed services.



Article. (III)



(1) the agreed services will be put into operation as soon as:



and) Contracting Party with which the rights are granted, appoint in writing for the

the purpose of one or several air transport companies;



(b)), a Contracting Party which grants rights, issues the allegedly

the appropriate operating authorisation, which, having regard to paragraph (2) of this

Article and to article IV shall, without undue delay.



(2) the Designated enterprises may, however, be invited to before they are

shall be entitled to initiate the agreed services, demonstrated the aviation authority Contracting

the party which grants rights that are accepted with conditions laid down

in accordance with the laws and other legislation under which the Office

usually progresses when adjusting the operation of international air services.



Article IV



(1) each Contracting Party reserves the right to refuse to grant the operating

permissions to firms designated by the other party or this

to revoke the permission unless it is satisfied that the majority of the ownership and

effective control of these enterprises belong to the other party or its

citizens or do not follow these laws and other legal businesses

the provisions referred to in article X, or the conditions under which they

permission has been granted.



(2) if it is not necessary to remove them in order to avoid further

serious infringements of the provisions of this law will be applied only after

prior negotiation with the other party.



Article. In



To operate the agreed services, each party hereby grants to businesses

designated by the other Contracting Party, if in articles VI and VII is not

unless otherwise specified, the rights to load and unload on its territory and in

commercial stations listed in the annex, passengers, cargo and mail,

or only of goods, the place of destination, or boarding of the lies on the territory of the other

the Contracting Parties, or of third States.



Čl.VI



(1) enterprises designated by the Contracting Parties for the operation of the agreed

services will be provided the proper and fair treatment.



(2) the main purpose of agreed services of each of the Contracting Parties is

provide the transport capacity a reasonable and reasonably as usual

the foreseeable needs of air transportation between the territories of the Contracting Parties,

that undertaking established and countries of final destination of the service.



(3) transport capacity offered by each of the undertakings laid down for the operation of

agreed services shall be determined by direct agreement between the established

undertakings with respect to joint sections, and will be subject to the approval of the

aviation authorities of both Contracting Parties.



Article. (VII)



The exercise of the rights granted may not provided enterprises of one Contracting Party

to abuse at the expense of or against any of the air traffic

companies of the other party that on the whole or part of the same line

held regular transport.



Article. (VIII)



The provisions of this Agreement and its annexes do not authorize companies established

Once a Contracting Party to treat, in the territory of the other party, for pay

or for any other reward, passengers, cargo, or mail, the

should lay on the same territory.



Article. (IX)



The certificate of airworthiness, diplomas and evidence issued by the air

or declared to be valid by one party, the other Contracting

Party recognised as valid for the operation of the agreed services. Each of the

the parties, however, reserves the right not to recognise as valid for flights over

its territory of diplomas and evidence issued by the other party to the citizens

the first party.



Article. X



(1) laws and other legislation in the territory of one of the Contracting

the Party governs the entry, stay and exit of aircraft used for international

years, or that relate to the operation and management of these flying aircraft

over the said territory, will apply to aircraft companies provided for in

the other Contracting Party.



(2) laws and other legislation in the territory of one Contracting Party

governing the entry, stay and exit of passengers, crew, cargo and mail,

in particular as regards the formalities relating to the entry, immigration and

output, passports, customs and quarantine will apply to passengers,

the crew, cargo and mail carried by aircraft enterprises provided for in the second

the Contracting Party, if they are on that territory.



Article. XI



(1) the Contracting Parties, affirming their serious interest in protection from acts of

illegal interference in the activities of civil aviation, agrees

proceed in accordance with the provisions of the Convention on offenses and certain

other acts committed on board aircraft (Tokyo, 14 September 1963).

The Convention for the Suppression of unlawful seizure of aircraft (the Hague, 16.

December 1970) and the Convention for the Suppression of unlawful acts against the

safety of civil aviation (Montreal, 23 September 1971), or any

changing these conventions, to which the two Contracting Parties.



(2) Contracting Parties shall provide each other on request all necessary

help to prevent acts of unlawful seizure of civil aircraft and

other unlawful acts against the safety of such aircraft, its

the passengers and crew, airports and air navigation facilities, as well as

other threats to civil aviation safety.



(3) the Contracting Parties shall, in their mutual relations in accordance with the

provisions on the protection of civil aviation laid down by the International

Civil Aviation Organization and referred to as Annexes to the Convention on

International Civil Aviation to the extent in which these provisions are of

the protection of civil aviation for the Contracting Parties to be valid; they will require

the operators of aircraft registered or with head office

business or permanent home on the territory of the Contracting Parties and their

also the operators of airports in their territory Act in Contracting Parties

accordance with the following provisions on the protection of civil aviation.



(4) the Contracting Parties agree to abide by the provisions on the protection of

civil aviation required by the other Contracting Party for entry into the

its territory, as well as with the adoption of the relevant measures for the protection of aircraft and

to check passengers, crew, carry-on items, as well as

goods and aircraft stores, prior to boarding or during boarding

passengers or loading.



(5) each Contracting Party shall with the intervention of the judge any

the request of the other party to the specific security measures to be

its aircraft and their passengers, in addressing the specific

the threat.



(6) each Contracting Party has the right to interrupt the serious security


the reasons for the operation of its business and the second designated air party

It will not demand compensation for failure to comply with the obligations from the first carriage

the Contracting Parties, which abolished the operation of your designated air company.



(7) in the case of committing or threat of committing unlawful seizure of

civil aircraft or other unlawful act against the security of

such aircraft, passengers and crew, airports or air

navigation device, the Contracting Parties shall assist each other

by facilitating reporting and other relevant measures, pointing to

rapid and safe termination of such acts, or threats.



(8) in the event that a party has reasonable grounds to believe

that the other party has deviated from the provisions on protection of civilian

aviation security contained in this article, the aeronautical authority of that Contracting Party

may ask the aeronautical authority of the other party, without delay, have been

carried out consultation.



Article. (XII)



(1) the term "tariff" means the prices to be used on, and the fees will be

paid for the carriage of passengers, baggage and cargo and the conditions under

which those prices and charges are used, along with the prices or fees

and conditions for the agent and other ancillary services, but does not include fees

and conditions for the carriage of mail.



(2) the tariffs used by the designated airline or airlines companies

Each Contracting Party for the services referred to in this Agreement shall be established in

appropriate amount, and will be duly taken into account in all

eligible agents such as operating costs, the nature of the services, rates

intermediary remuneration, reasonable profit and the fares of other airlines

enterprises.



(3) the tariffs referred to in paragraph (2) of this article shall be according to the options

agreed upon by the designated airlines of both contracting parties companies after previous

consultation with their respective Governments and, if applicable, in

account with other air companies.



(4) such an agreement, envisaged in paragraph (3) of this article, the

reached, where possible, making use of relevant international

the mechanism for the determination of tariffs.



(5) Tariffs negotiated under paragraph (3) and (4) of this article, including the

common tariff agreements proposed by one undertaking on behalf of the air carrier

all of the participating companies, the airlines submitted for approval

aviation authorities of the Contracting Parties, together with a justification that air

authorities may require, at least sixty days before the proposed date

their introduction. In special cases, this period may be reduced to

by agreement of the aviation authorities.



(6) acceptance of the tariffs may be given expressly. In the case that none of the

aviation authorities of the Contracting Parties has notified its disagreement with the proposed

rates at the appropriate time, if possible, within thirty days from the date of

submission, these tariffs will be considered approved. In the case that

time for submission was truncated in accordance with paragraph (5) of this

Article, the aviation authorities may agree that the time in which must be notified to the

any disagreement, will also be reduced accordingly.



(7) the Tariff agreed in accordance with the provisions of this article shall be in effect until

in the negotiation of a new plan. The validity of the plan, however, will not be extended by

more than twelve months after the date on which it would otherwise force plan

has ended.



(8) if it is not possible to agree the plan referred to in paragraph (3) and (4) of this

Article, or if, at the time set out in paragraph (6) of this article shall be

passed to the notice of opposition, the aviation authorities of the Contracting Parties,

endeavour to determine the tariff by mutual agreement.



(9) will not be able to if the aviation authorities of the Contracting Parties agree on the

the determination of the tariff referred to in paragraph (8) of this article, the dispute will be solved in the

accordance with the provisions of article XVII of this agreement.



Article. XIII



Each Party shall provide to the designated air undertaking or undertakings

the other Contracting Party the right of free transfer, in accordance with the foreign exchange

the provisions in force in its territory, according to the official conversion rate

laid down by the national laws and regulations, the surplus of income over expenditure

achieved in its territory in connection with the transport of passengers,

luggage, mail and goods. If will be agreed between the Contracting Parties

special pay agreement, payments will be made in accordance with the

the provisions of that agreement.



Article. XIV



(1) taxes and charges imposed on one party businesses

designated by the other party for the use of airports and other

technical equipment will not be higher than the taxes and fees levied by

other foreign air transport enterprises taking place similar

international services in the territory of the Contracting Party where these taxes and fees

stores.



(2) fuel and lubricating oils taken to aircraft companies provided for in

one party will be exempt from customs duty, inspection or

other domestic and local taxes and fees imposed by the other Contracting

party, even when these stores are partly consumed between two points

lying in the territory of the Contracting Parties, that the exemption provides, in

accordance with the customs legislation in force in the territory of that other party.



(3) fuel, lubricating oils, spare parts, regular equipment and

stocks that are on the plane during its landing on the territory of the other Contracting

the party will be exempt from customs duty, inspection or other domestic

and local taxes and fees, if these things remain under customs control.



(4) the spare parts and equipment imported into the territory of the Contracting Party for

to that end, in order to be vestaveny or used on the aircraft of the enterprise

appointed by the other party, as well as ground equipment used

for this purpose, will be exempt from customs duties in accordance with the rules governing the

governed by a party that the exemption it provides.



Article. XV



(1) if one of the parties consider desirable change

any provision of this agreement, it may propose at any time through diplomatic

by negotiation between the aeronautical authorities of both Contracting Parties. These negotiations

must be instituted within 60 days from the date on which it was requested.

If the said authorities to reach an agreement about the changes that are to be

made these changes shall enter into force upon exchange confirmation

diplomatic notes about compliance with the appropriate national requirements for the

entry into force.



(2) if one of the parties consider it necessary to change the

of any of the provisions of the annexes to this agreement, may commence direct negotiations with

Aviation Authority of the other Contracting Party. This meeting must be held within

60 days from the time when it has been requested. The amendments agreed between the

those authorities shall enter into force on a provisional basis as of the moment, air

the authorities of both Contracting Parties agree, and their confirmation

Exchange of diplomatic notes.



Article. XVI



(1) each Contracting Party stores your designated undertakings to

Aviation Authority of the other party in advance and send as soon as possible

their draft schedules and rates and any other information relating to the

operation of the agreed services.



(2) each of the Contracting Parties designated undertakings, its stores to

send aviation authority of the other Contracting Parties regularly operating

Statistics of the agreed services.



Article. XVII



The Contracting Parties shall resolve any dispute concerning the interpretation or implementation of the

This agreement and its annexes, direct negotiation between the air

authorities or, if these negotiations succeed, through the diplomatic channel.



Article. XVIII



Each Contracting Party may at any time notify through diplomatic channels

the other party that it wishes to cancel this Agreement. Agreement as follows

giving notice shall expire after a period of 12 months from the date on which the

receipt of the notification by the other party, provided that this notice is not in

common agreement before the expiry of that period,.



Article. XIX



(1) this Agreement shall enter into force on the date on which the Contracting Parties shall exchange

diplomatic note that agreement has been approved in accordance with their

national legal system.



(2) the date of entry into force of this agreement, the agreement shall cease to

on air services between the Czechoslovak Republic and the United

Arab Republic of Egypt, signed at Prague on 14 June 2005. 8.1959.



(3) Making the proof whereof the representatives duly authorized by their Governments this

An agreement was signed.



Done in Prague on 4. September 1991, in two copies, each in the language

the Czech, Arabic and English languages, each text being equally

force.



In case of dispute the English text is considered crucial.



For the Government of



The Czech and Slovak Federal Republic:



Jiří Nezval v.r.



For the Government of



Arab Republic of Egypt:



Ali Ziko v.r.



XIII.



ANNEX



And



(1) the designated airline of the Arab Republic enterprises are entitled to

operate air transport service in both directions on the following

lines:



Cairo-two intermediate points-Prague-three points behind and back.



(2) the designated air companies of the Czech and Slovak Federal Republic are

authorised to operate air transport service in both directions on the

the following lines:



Prague-two intermediate points-Cairo-three points behind and back.



Notes:



I) Intermediate points and points in between will be mutually agreed upon later

the aeronautical authorities of both Contracting Parties in accordance with paragraph 2 of article XV of the

The agreement.



II) specified by the aerospace undertaking or undertakings of one Contracting Party shall not be


to exercise the rights of the fifth freedom of traffic on the section or sections of

operated by the air company or airline companies of the other Contracting

Parties on the basis of third-and fourth-freedom traffic.



This limitation on the exercise of the right of the fifth freedom traffic may be cancelled when

the air companies of both Contracting Parties shall conclude a trade agreement

that will be approved by the aeronautical authorities of both Contracting Parties.



III) specified by the air company or the airline businesses of both parties

may, on any or all flights omit, landing in the

any or all of the intermediate points and the points for or.



(B)



Designated undertakings of each Party shall be entitled to maintain the

the territory of the other contracting party reasonable technical and business staff

the scope of the agreed services, provided that compliance with the laws and

other legislation of the other party.



If they are not businesses, established one of the Contracting Parties to provide

the services of its operation on the territory of the other Contracting Party own

offices and its own staff, the other party may invite,

to entrust services such as booking, ground handling and servicing

the organization approved by the aviation authority and having the nationality of that

the other Contracting Party.