On The Agreement On Air Transport Between The Government Of The Czechoslovak Socialist Republic And Portugal

Original Language Title: o Dohodě o letecké dopravě mezi vládou ČSSR a Portugalska

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109/1977 Sb.



DECREE



Minister of Foreign Affairs



dated October 3, 1977



air transport agreement between the Government of the Czechoslovak Socialist

the Republic and the Government of Portugal



On January 15, 1976 in Prague signed the agreement on air transport between the

the Government of the Czechoslovak Socialist Republic and the Government of Portugal.

Agreement entered into force pursuant to its article 20 on the day 15. March 1977.



English translation of the text of the agreement shall be published at the same time.



First Deputy Minister of:



V.r. Krajčír



The AGREEMENT



relating to air transport between the Government of the Czechoslovak Socialist Republic and the

the Government of Portugal



The Government of the Czechoslovak Socialist Republic and the Government of Portugal, on

called "the Contracting Parties",



being parties to the Convention on international civil aviation, opened for

signature at Chicago on December 7. December 1944,



Desiring to develop their mutual relations in the field of air transport,



have agreed as follows:



Article 1



For the purposes of this agreement and its annexes, if from the text otherwise requires:



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 according to their articles 90 and 94, if these annexes and amendments have been

accepted by the two parties;



(b)) the term "aeronautical authority" means, in respect of the Czechoslovak

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

Portugal, the Ministry of transport and communications, or in both cases

any other person or authority entrusted with the implementation of the tasks that are

currently carried out by the said authorities;



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

Contracting Party designated by written notice to the other party in accordance

with article 3 of this agreement for the purpose of operating the agreed services on the

the lines set out in the annex to this agreement;



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

"land for non-traffic purposes" have the meaning given in article 2 and 96

Of the Convention;



(e)), the term "Annex" means an annex to this agreement or its accessories

carried out in accordance with the provisions of article 17 of this agreement. The annex forms

an integral part of this agreement, and all appeal to the agreement in itself

include an appeal to the annex, unless otherwise specified.



Article 2



(1) each contracting party grants to the other Contracting Party the rights set out

in this agreement, to allow to set up 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) subject to the provisions of this agreement or its annex, specified by the air

undertaking each Contracting Party will during the operation of the agreed services on the

set the track to enjoy 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; and



(c)) to land in that territory at the point or points specified for this

the track in the annex for the purpose of loading and unloading of passengers, goods and

mail in the international transport.



(3) the provisions of paragraph 2 of this article nezmocňují the specified air

an enterprise of one Contracting Party to a treatment of passengers, cargo or mail

on the territory of the other Contracting Party to transport to another point in the territory of the

the other Contracting Party, whether for payment or rent (cabotage).



Article 3



(1) each Contracting Party shall have the right to determine, by written notice to the other

Contracting Party one air to operate the agreed services on the

laid down tracks.



(2) on receipt of a written notification to the other Contracting Party, shall be granted with

subject to the provisions of paragraphs 3 and 4 of this article, without delay, to the designated

aviation company operating privileges.



(3) 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 laws and regulations which the Office usually and

applies, mutatis mutandis, in accordance with the provisions of the Convention when operating

international commercial air services.



(4) each Contracting Party shall have the right to refuse to grant the operating

the permission referred to in paragraph 2 of this article, or save it to a designated

the air company in the use of the rights laid down in article 2 of this agreement

such conditions as it deems necessary in the case where the said

Contracting Party is not satisfied that substantial ownership and

effective control of the aviation company belongs to the party that determines the

the aerospace firm, or its nationals.



(5) once it has been determined by the air company as follows and shall be entitled to may be at any time

started operation of the agreed services, provided that such

the services have been designed and approved in accordance with the provisions of articles 14 and

12 of this agreement, fares and flight schedules.



Article 4



(1) each Contracting Party shall have the right to revoke the operating authorisation or

stop the execution of the rights laid down 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:



and) in the case where is not satisfied that substantial ownership and

effective control of the aviation company belongs to the party that it

determine or nationals of that Contracting Party;



(b)) in the case where the air will not be governed by the laws and regulations

Contracting Parties which provides these rights;



c) in the case that the air does not flow in the operation of otherwise

air services pursuant to the conditions laid down in this agreement and its

The annex.



(2) if the immediate revocation of operating permissions, or stopping power

rights, or the imposition of conditions for the reasons referred to in paragraph 1 of this

Article shall not be necessary to prevent further infringements of laws and

provisions, this right will be exercised only after consultation with the other Contracting

party. In this case, consultation shall take place within twenty (20) days from the

the date of the request for consultations.



Article 5



(1) the laws and regulations of one Contracting Party concerning the entry on her

territory or the output of aircraft operating international flights, or operation

and flying these aircraft on its territory, they will apply to aircraft

Aviation firm designated by the other Contracting Party, and shall be complied with

When entering the territory of the first party, the output from it and if

located on this territory.



(2) the laws and regulations of one Contracting Party concerning the entry on her

of the territory stay or passengers, crew or the aircraft, the goods

such as the regulations on the entry, exit, immigration, travel

documents, customs and health regulations will apply to passengers,

crew or goods entering the territory, output from him, and if

located in the territory of that Contracting Party.



Article 6



Each Contracting Party, the fees charged for the use of airports and other

device on their respective territories will not be higher than the fees,

that are generally stored aircraft of the same class used for

similar international air services.



Article 7



(1) the aircraft used for the operation of international air services by the designated

Air enterprise of one Contracting Party, as well as their usual

equipment, spare parts, fuel and lubricating oil, aircraft inventory

(including food, beverages and tobacco) on board such aircraft stored

will be exempt from all customs, inspection, and other fees or

taxes on arrival in the territory of the other Contracting Party, provided that the

such equipment and supplies remain on board the aircraft up to the time when

will be exported.



(2) with the exception of charges corresponding to the services will be carried out

be exempt from the same benefits and taxes:



and the stocks of aircraft taken on) the Board, in the territory of each Contracting Party,

within the limits set by the authorities of that Contracting Party, for use on

board aircraft used in international air services of the other Contracting

party;



b) spare parts and the usual equipment imported into the territory of each of the

of the Contracting Party for the maintenance or repair of aircraft used in the

international air services by the designated airline of the other undertaking

the Contracting Parties;



c) fuel and lubricating oils intended to supply the aircraft

operating international air services by the designated airline company

each of the Contracting Parties, although it will be used on the part of the journey made by the

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) to the normal equipment of the aircraft, as well as the materials and supplies left on

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

Contracting Party only with the approval of the customs territory. In such a

the case can be stored under the supervision of the Customs House until the time when they will be

again exported or otherwise will be treated in accordance with the customs

regulations.



Article 8



Passengers in direct transit across the territory of the Contracting Parties, i.e..

neopouštějící part of the airport designated for such carriage, the

subject to a simplified control.



Luggage and goods in direct transit will be exempt from customs and

other charges.



Article 9




(1) each Contracting Party shall, on the basis of reciprocity specified

the aviation company of the other party in its territory, exemption from the

all taxes on profits or income arising from the operation of the agreed

services.



(2) Transfers of income achieved by the undertaking to the designated airline of each of the

of the parties in the country of the other party, shall be made in accordance with

foreign exchange regulations in force in the territory of that Contracting Party in some of the

freely convertible currencies. If there is a payment agreement between the two

the Contracting Parties, the provisions of this agreement will apply.



(3) the Party shall take measures to facilitate the transfer of such income

to another country; These transfers will be carried out without delay.



Article 10



Specified by air each Contracting Party shall have the right to maintain on a

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

the range of services.



Article 11



(1) aviation enterprises of both parties will have the proper and equal

the possibility to operate the agreed services on specified routes between the

the relevant territories. In operating the agreed services the aerospace company

Each Contracting Party will take into account the interests of the aviation company of the second

the Contracting Parties, in order to avoid inappropriate influence the services that

This air ensures a totally or partially on the same track.



(2) the total capacity to be provided, will be maintained in the

balance with the transport requirements between the territories of the Contracting Parties and be,

If possible, just as divided among specified air companies.



(3) the frequency and capacity of the services to be offered on the lines

the merging of the territory of both parties, will be fixed and adjusted

agreement between the competent aviation authorities to comply with the transport

demand, taking into account the proposals intended to air companies.



(4) in the case where the designated air enterprise of one Contracting Party used

traffic rights between the territory of the other Contracting Party and intermediate points

and/or points for the said territory down to the track, the aviation authorities,

agree among themselves, taking into account the proposals of the designated air

enterprises with the capacity to be offered in addition to the capacity established in

accordance with paragraph 3, without prejudice to the provisions of paragraphs 1 and 2

This article.



Article 12



The aerospace undertaking designated by either party shall submit to the aviation authority

the other Contracting Party for approval, not less than thirty (30) days in advance,

the flight schedule agreed services and terms and conditions of operation; in

special cases, this time limit may be with the consent of the air

authorities is truncated.



Article 13



Aviation Authority of each Party shall affix the aviation authority other

the Contracting Parties shall, on request, statistical data which can be reasonably

required for the purposes of assessing the capacity provided in the agreed

services.



Article 14



(1) the term "tariff" means the prices to be used on, and the conditions for their

the use that will be paid for the carriage of passengers, baggage and goods,

as well as the fees and conditions for intermediation and other auxiliary

the service; However, it does not include fees and conditions for the carriage of mail.



(2) the tariffs used air enterprise of one Contracting Party for carriage

to or from the territory of the other Contracting Party shall be established at the appropriate level,

taking due account is taken of all the relevant factors, such as

operating costs, and a reasonable profit for the tariffs to other air companies.



(3) the tariffs referred to in paragraph 2 of this article shall, if possible,

agreed upon by the designated air companies of both Contracting Parties after consultation with the

other air transport companies on the whole line or its

part, and the agreement will be reached, if possible, through the

procedure of the international air transport Association for this purpose

created by it.



(4) as follows the agreed tariffs will be submitted for approval to the air

the authorities of the Contracting Parties at least ninety (90) days prior to the proposed

the date of their introduction; in special cases, this time can be

the limit with the approval of aviation authorities is truncated.



(5) such consent may be given expressly. In the case that none of the

aviation authorities notify opposition within thirty (30) days from the date of

presentation of the tariffs referred to in paragraph 4 of this article, the tariffs will be

deemed to be approved. If the time limit for the submission of

truncated in accordance with paragraph 4 of this article, the aeronautical authorities may

agree to a shorter period than the thirty (30) days, during which must be

the opposition announced.



(6) if they are not able to be the tariffs agreed upon in accordance with paragraph 3 of this

Article, or if within the time limit laid down in paragraph 5 of this article

aeronautical authority of one Contracting Party shall transmit to the aviation authority of the other Contracting

the parties a notice of its disagreement with the tariffs agreed upon under paragraph 3

This article, the aviation authorities of the Contracting Parties will attempt to determine the tariffs

by agreement among themselves.



(7) unless they can agree on the approval of the aviation authorities plan

submitted to them under paragraph 4 of this article and to his determination under

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

Article 16 of this agreement.



(8) the tariffs agreed upon under the provisions of this article shall be in effect

until the negotiation of the new tariffs. The validity of the plan, however, it cannot be

pursuant to this paragraph is extended by more than twelve (12) months of the

date on which would otherwise force plan ended.



Article 15



In the spirit of close cooperation, aviation authorities of the two parties

carry out consultations, as appropriate, concerning the interpretation and satisfactory

the implementation of the provisions of this agreement and its annexes.



Article 16



Any dispute concerning the interpretation or application of this agreement or its

The annex will be settled by direct negotiation between the aeronautical authorities of both

the Contracting Parties, if between the aviation authorities will not be achieved

the agreement, the dispute shall be settled through diplomatic channels.



Article 17



(1) if one of the Contracting Parties considers it desirable to change the

any provision of this agreement, it may request consultations with the other Contracting

side. Such action, which will be carried out between the aviation authorities,

either by negotiation or in writing, shall be made within sixty (60)

days from the date of submission of the application. Changes to the following agreed-upon entry into force,

Once confirmed by Exchange of diplomatic notes.



(2) amendments to the annexes to this agreement may be carried out provisionally from the date of

agreed the aeronautical authorities and shall enter into force after their confirmation

Exchange of diplomatic notes.



(3) If, in relation to both Contracting Parties enters into force, the General

multilateral Convention on the scheduled international air services,

This agreement and its annex is adjusted to match the

the provisions of such a multilateral Convention.



Article 18



This agreement and its Annex, and any amendment in accordance with article 17 shall be

registered with the International Civil Aviation Organization.



Article 19



Each Contracting Party may at any time notify the other party of its

the decision to terminate this agreement. A copy of the testimony will be at the same time

sent to the International Civil Aviation Organization. If it has been

such notice is given, this Agreement shall expire twelve (12) months

date on which the notice was received by the other Contracting Party, unless this

statement between the parties by mutual agreement revoked before

the expiry of that period. If not confirmed receipt of the notification by the other

Contracting Party, the notice will be deemed received fourteen (14) days

After a copy was received by the International Organization for civil

Aviation.



Article 20



(1) each Contracting Party shall notify the other party in writing

approval of this agreement in accordance with their national legislation. The agreement

enter into force from the date of the last of these written

the notification.



(2) the agreement will be provisionally carried out from the date of signature. Such preliminary

the implementation will not last longer than six (6) months, if the two

unless otherwise agreed by the parties.



Done at Prague on 15. January 1976 in duplicate in

the English. In witness whereof the parties have signed this agents

Agreement and it seals.



For the Government of the Czechoslovak Socialist Republic:



Ing. Bohuslav Chňoupek v.r.



For the Government of Portugal:



MJR. Ernesto Melo Antunes v.r.



XIII.



to the agreement on air transport between the Government of the Czechoslovak Socialist

the Republic and the Government of Portugal



Section I



1.



Specified by the Government of Portugal air company can operate regular

air services on the following route in either direction:



Points in Portugal-intermediate points-points for Prague-Prague.



2.



Aerospace firm designated by the Government of the Czechoslovak Socialist Republic

may operate scheduled air services on the following route in either

directions:



Points in Czechoslovakia-intermediate points-points of Lisbon-Lisbon.



3.



In the operation of the line specified in the above paragraph, designated by the

Portuguese aviation business will be entitled to:



and) in the territory of the Czechoslovak Socialist Republic, passengers,

goods and mail loaded in Portuguese territory;



(b) in the territory) dispose of the Czechoslovak Socialist Republic, passengers,

goods and mail destined for the territory of Portugal;



c) omit one or more intermediate points except the point or points on the


Portuguese territory, provided that the omission has been previously published

in the schedules.



4.



In the operation of the line specified in the above paragraph 2 specified

the Czechoslovak air company will be entitled to:



and) interpreted in Portuguese territory passengers, freight and mail loaded on

the territory of the Czechoslovak Socialist Republic;



b) dispose in Portuguese territory passengers, cargo and mail destined for the

the territory of the Czechoslovak Socialist Republic;



c) omit one or more intermediate points except the point or points on the

Czechoslovak territory, provided that the omission has been previously

published in timetables.



Section II



Specified by the air of one Contracting Party may have the right to dispose of or

the territory of the other Contracting Party in the international transport of

passengers, cargo and mail destined for or originating from intermediate points

points on the lines laid down in section I.



The exercise of such rights shall be subject to agreement between the aeronautical authorities

both of the parties, taking into account the proposals of the designated air

enterprises.



Section III



Specified by the air of one Contracting Party may have the right to dispose of or

the territory of the other Contracting Party in the international transport of

passengers, cargo and mail destined for or originating from points points

the said territory on the lines laid down in section I.



The exercise of such rights shall be subject to agreement between the aeronautical authorities

both of the parties, taking into account the proposals of the designated air

enterprises.

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