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On The Agreement Between The Czechoslovak Socialist Republic And Senegal Relating To Air Transport

Original Language Title: o Dohodě mezi ČSSR a Senegalem o letecké dopravě

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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.