13/1963.
DECREE
Minister of Foreign Affairs
of 12 October. January 1963
on the agreement between the Czechoslovak Socialist Republic and the Republic of
Senegal relating to air transport
Change: 85/1963.
On 20 April. June 1962 in Prague was signed agreement between the Czechoslovak
Socialist Republic of Vietnam and the Republic of Senegal relating to air transport.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 30 November.
August 1962. Approval of the agreement has been communicated to the Senegalese side from the verbale
28 June 1999. September 1962. From the verbale on 11 July. December 1962 said Senegal
the party, that the agreement has been approved by the Government of the Republic of Senegal.
Under the provisions of article 20 of the Agreement entered into force on 11 December 2001. January
1963.
The Czech version of the agreement shall be published at the same time.
First Deputy Minister of:
Dr. Gregor v.r.
The AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Senegal on the
air transport
The Government of the Czechoslovak Socialist Republic and the Government of the Republic of Senegal
Desiring to facilitate the development of air transport between Czechoslovakia and
Senegal and to apply in this area, to the extent possible international
cooperation,
Desiring to use in the transport of the principles and provisions of the Convention
International Civil Aviation, signed in Chicago on 7. December 1944,
have agreed as follows:
TITLE I OF THE
General provisions
Article 1
The Contracting Parties shall provide each other the rights set out in this agreement for
the purpose of the establishment of the international civilian links referred to in the annex to this
The agreement.
Article 2
In the implementation of this agreement and its annexes:
1. the term "territory" has the meaning specified in article 2 of the Convention on international
Civil Aviation;
2. the term "aviation authorities" means:
as far as Czechoslovakia, the Ministry of transport and communications, aviation
the Department;
as regards Senegal, Ministry of transport and communications;
3. the term "service" means the services listed in
The list of tracks, which is included in the annexes to this agreement;
4. the expression "designated undertaking" means an air enterprise, which will be one of
the Contracting Parties notified in writing to the other Contracting Party in accordance with title II of the
This agreement as an undertaking which is authorized to operate the agreed air
the service.
Article 3
1. Aircraft used in international transport aviation undertakings designated
one party, as well as their usual equipment, fuel
and lubricants, catering supplies (including food, beverages and tobacco) will be
the entry on the territory of the other Contracting Parties shall be exempt from all customs duties,
inspection fees and other similar fees and charges for
condition that such equipment and supplies remain on board the aircraft up to
the recovery of the exportation.
2. With the exception of the fees and charges for services rendered will be further
exempted from the fees and charges referred to in paragraph 1:
and the stocks of any origin) taken in the territory of one of the Contracting
party and taken to the aircraft, providing international second line
the Contracting Parties,
b) spare parts imported into the territory of one Contracting Party for the maintenance
or repair of aircraft used on international flights of the designated airlines
companies of the other party,
c) fuel and lubricants intended for aircraft used in international
designated air transport enterprises of the other party, even if these
the inventory is to be used on the portion of the route over the territory of the Contracting Party where they were
taken on board.
3. Fuels, lubricants, spare parts, normal aircraft equipment
and on-board supplies intended for the use of the agreed services, can be
stored at the airports of one Contracting Party, on which flies a specified
the aviation company of the other party. This storage occurs after the
permission of the Customs authorities that supervise the material and
the recovery of the stocks up to their removal or customs clearance.
Article 4
1. the laws and regulations of each Contracting Party concerning the entry on her
territory or leaving aircraft on international flights or
concerning the operation of such aircraft and flight above its territory will pay
for aircraft operations or those of the other party.
2. the passenger, crew and senders must defer to the goods either personally
or by third parties acting on their behalf and for them
laws and regulations governing the territory of each Contracting Party's input,
stay and exit of passengers, crews, or goods, i.e.. laws and regulations
governing the entry, clearance, immigration formalities, customs duties and measures
arising from the health legislation.
Article 5
Subject to the provisions of article 12 each Contracting Party reserves the right to
to refuse the company designated by the other Contracting Party operating permissions
or revoke such permissions, if it considers that the evidence does not reasonably
that substantial ownership and effective control of this business
It belongs to the other party or its nationals, or in the case that
This company does not follow the laws and regulations referred to in article 4, or
otherwise fail to comply with the obligations laid down in this agreement.
This measure can be applied only after the previous proceedings under
Article 6, if it is not necessary to immediately stop work
prevent further infringements of laws and regulations.
Article 6
Each Contracting Party will be able at any time to request a meeting between the
the competent authorities of both Contracting Parties of any change to this agreement.
These negotiations will be initiated no later than 60 days after receipt of the request.
Amendments to this agreement that will be negotiated and agreed upon, shall enter into force on their
confirmation of exchange of notes through the diplomatic channel.
Article 7
Each party can at any time notify the other party
its wish to terminate this agreement. This notification shall be communicated to the
The International Civil Aviation Organization. Denunciation shall take effect
a year after the receipt of the notification by the other party, unless the notice
It will not be before this deadline, by common agreement, withdrawn.
If it does not confirm the party that receives such a notification, his income,
It will be assumed that the notification has been received fifteen days after
occurred to the headquarters of the International Civil Aviation Organization.
Article 8
1. If a dispute arises between the Contracting Parties in the interpretation or implementation of this
The agreement and its annexes, any contradiction, it will solve the parties direct
negotiations between their aeronautical authorities or if the conduct
successful, through the diplomatic channel.
2. If this direct negotiation will not be achieved within 90 days of the result,
the Contracting Parties shall submit the dispute to arbitration. For this purpose special
the Court of arbitration, which shall be composed of three members. The first two will be
appointed by the Contracting Parties and a third will be determined by those two
the arbitrators. If the two arbitrators fail to agree on the appointment of a third
the arbitrator, each Party shall encourage the international civil
Aviation, to designate the third arbitrator, who shall be Chairman
the Court of arbitration.
3. The Contracting Parties undertake that they shall make each decision
issued within the meaning of this article.
4. If you fail to comply with one of the parties of the decision of the arbitrators will be
can the other party all the time, until it does, limit
rights and privileges, to stop their performance or revoke rights and privileges
granted by it under this agreement, the Contracting Party which is wrong. Each
the Contracting Party shall pay the expenses related to the activities of its own arbitrator and
half of the expenses of the designated by the President.
TITLE II
The agreed services
Article 9
The Government of the Czechoslovak Socialist Republic shall provide the Government of the Republic of
The Government of the Republic of Senegal and Senegal will provide to the Government of the Czechoslovak
the Socialist Republic of the right to operate one or more designated
airline companies air services listed in the list of tracks in the annex
of this agreement.
Article 10
1. subject to the provisions of article 5, each Contracting Party shall issue, without
the delay to the designated undertaking other party necessary operational
permissions.
2. before the specified undertaking to initiate the agreed services, the
may be asked to prove the aviation authority of the other party, that
satisfies the conditions laid down in the laws and regulations normally applied by the
by that authority for the operation of international air services.
Article 11
The air company or the Government of the Czechoslovak Airlines undertakings designated
the Socialist Republic under this agreement will have the right to
Senegalese territory in the international transport of passengers, shall be construed and dispose of
mail and goods in terms of Czechoslovak landing sites and trails
listed in the attached annex.
Air or air companies specified by the Government of the Republic of Senegal
under this agreement will be entitled to the Czechoslovak territory in
the international transport of passengers, shall be construed and dispose of mail and goods if
as for the Senegal landing sites and tracks listed in the attached
The annex.
Article 12
Notwithstanding the provisions of article 5 of this agreement, the Contracting Party will be able to
specify the air freight joint venture created in accordance with article 77 and
79 the Convention on international civil aviation, signed in Chicago on 7 December.
December 1944.
Article 13
Each of the two undertakings designated Contracting Parties must be ensured
the correct and fair treatment that they have the same options for the operation
agreed services.
On common lines must take into account their interests to each other, so that one
enterprise engaged in an inappropriate way in the service of the other undertaking.
Article 14
1. the operation of services between the Czechoslovak territory and Senegalese territory
or vice versa on the lines mentioned in the list annexed to this agreement
are essential for both countries, and primary law.
2. To operate the following services:
and transport capacity will be divided) equally between the Czechoslovak and
the Senegalese companies.
This allocation will take into account the involvement of the intermediate points and reservations
contained in paragraph (c));
(b)) the total transport capacity on each track will be adapted to the needs,
that can be reasonably foreseen.
In order to conform to the requirements of unforeseen or temporary transport on
These lines must specified air companies to agree among themselves
adequate measures to the satisfaction of this temporary increase in the transportation.
Immediately inform the aviation authorities of their countries that can
advice, if they consider it useful;
c) in the case that one of the parties did not wish to take advantage of the one
or more lines either part or all of the traffic capacity, which was
enabled, agrees with the other party for a period of the transfer of all or a
part of the capacity already in the specified range.
A Contracting Party which transfers all his rights, or part thereof, will be
able to resume them after the expiry of the agreed period.
Article 15
1. not later than thirty days before the commencement of the operation of the agreed services
will be specified by the airline companies to inform the aviation authorities of the two Contracting
the parties on the nature of the traffic, the types of aircraft used and the implied
the schedules. The same principle applies to any subsequent amendments to the
the exception of the temporary changes.
2. The aviation authorities of each Contracting Party shall, on the request of the air
the authorities of the other Contracting Party any periodic or other statistical
information on identified companies that can be rightfully asked for
control of transport capacity offered by the designated undertaking first Contracting
party. These statistics include information required for the determination of the volume of
transportation to the territory of the other Contracting Party, in accordance with the points of loading and
unloading on the lines set out in the annex to this agreement.
Article 16
The aviation authorities of the two parties have agreed that they will advise always
When it will be necessary to ensure close cooperation and coordination
their air services.
Article 17
1. The tariffs to be used for the agreed services under this agreement will be
determined in accordance with the agreement between the options by designated undertakings.
These companies will be able to do direct agreement and, if necessary, in consultation
with air transport enterprises of third countries that would pursue the same
track or part thereof.
2. the tariffs so established must be submitted for approval to the air
the authorities of each of the Contracting Parties at least 30 days prior to their
the expected entry into force; This period may be in specific
cases with the consent of those authorities.
3. If the specified air companies could not agree on the establishment of a
plan pursuant to the provisions of the preceding paragraph 1, or if one of the
the parties expressed their opposition to the plan, which was
submitted pursuant to the provisions of the preceding paragraph 2, air
the authorities of both parties to try to experience a satisfactory solution.
If this does not happen, it will be applied to the arbitration pursuant to article 8 of this
The agreement.
If the arbitration award is not handed down, there will be a party that
expressed their opposition, the right to require that the other party
use the rates that were in force before.
Article 18
Air enterprises designated by each Contracting Party shall be entitled to
keep on the territory of the other Contracting Party, the technical and commercial staff
necessary for the proper operation of the services, provided that this staff
He will keep the valid regulations.
Article 19
Each Contracting Party undertakes to ensure that the other party in
the official rate of the free transfer of the net profit achieved in its territory when
transport of passengers, baggage, mail and goods, which is
carried out by an undertaking designated by the other Contracting Party. In the case where
payments between the Contracting Parties is governed by a specific agreement, you may
be designed using this agreement.
FINAL PROVISIONS
Article 20
This agreement will be implemented provisionally from the date of signature. The entry in the
into force one month after, when the Parties shall notify each other of her
approval in accordance with its internal law.
Article 21
This agreement and its Annex will be sent to the international registration
Civil Aviation Organization.
Done at Prague on 20. June 1962, in duplicate in the Czech, and
the French, both texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic
Viliam Široký v.r.
For the Government of the Republic of Senegal
Mamadou Dia v.r.
XIII.
List of tracks
(I).
Senegal's lines:
1. from Dakar to Prague and back
2. from Dakar over Algiers, and Zurich to Prague and then on to a place in the
Europe and back.
II.
Czechoslovak lines:
1. from Prague to Dakar and back
2. from Prague to Dakar and then to the three sites in South America and back.
1. the designated undertaking of one party will be able to the discretion of the
When you omit all or some years of any place on the one
or other of the marked lines.
1A) equipment and tools imported by air companies designated by one of the
of the parties, which should be applied to the second International Airport
the Contracting Parties to the establishment or the operation of international air
services provided by the following air companies will be exempt from all
Customs duties, inspection fees and other similar fees and charges for
conditions, to remain at the airport.
2. An undertaking designated by one Contracting Party will be able to fly into one
or more sites, which are not included in the list of tracks; out of this place
or these sites and the territory of the other Contracting Party does not, however, be
exercise of traffic rights, if the other party is especially
does not provide.