81/1994 Coll. of the Ministry of Foreign Affairs, Ministry of Foreign Affairs, informs that on 11 August 1993, was signed in Prague Agreement between the Government of the Czech Republic and the Government of the Netherlands for air services between and beyond their respective territories. The agreement entered into force in accordance with Article 22, paragraph. 1 on 1 December 1993. This date expired agreement between the Czechoslovak Republic and the Kingdom of the Netherlands for air services from 1 September 1947. The Czech translation of the Agreement shall be open simultaneously. The English version of the Agreement, which is decisive for its interpretation, can be consulted at the Ministry of Foreign Affairs and the Ministry of Transport. Agreement between the Government of the Czech Republic and the Government of the Netherlands for air services between and beyond their respective territories, the Czech Government and the Government of the Netherlands (hereinafter referred to it as the "Parties"), Being Parties to the Convention on International Civil Aviation opened for signature at Chicago December 7, 1944; Desiring to bring progress to the international civil aviation; Desiring it conclude an Agreement for the purpose of establishing air services between and beyond their respective territories, have agreed as follows: Article 1 Definitions For the purposes of this Agreement and its Annex, unless the context otherwise requires: a the term) "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article. 90 of this Convention and any amendment of the Convention or their Annexes under its Art. 90 and 94, where those their Annexes and amendments have become valid for both parties or they have been ratified; (b)) the term "aeronautical authorities" means in the case of the Czech Republic Ministry of Transport, in the case of the Netherlands Minister for Transport, Public Works and Water Management; or in both cases any person or authority in charge of carrying out the functions currently exercised by the said Ministry or the Minister; (c)) the term "designated airline" means an airline which has been designated and authorized in accordance with Art. 3 of this Agreement; (d)), the term "territory" in relation to a State has the meaning set out in Art. 2, of the Convention; (e)) The terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meaning set out in Art. 96 of the Convention; (f)), the terms "agreed services" and "the specified routes" mean international air service pursuant this Article. 2 of this Agreement and the lines set out in the parts of the is their annexes to this Agreement; (g)), the term "stores" means articles for use or sale on board the aircraft, including the food, during the flight; (h)), the term "Agreement" means this Agreement, its their Annexes drafted for its implementation and any amendments to this Agreement or the Annex under Article. 16 of this Agreement; I) the term "tariff" means any charge levied and the aviation companies, to be paid either directly or through agents, to any person or entity for the carriage of passengers (and their baggage) and cargo (excluding mail) intended for air transport, including: i. The conditions governing the document of a tariff, and (II). Fees and conditions for any ancillary services that such carriage, which offers airlines; j) the term "computer reservation and sales distribution system" means a system containing re-computed information about airline schedules, seating capacity, fares and related services, through which they can be carried booking and/or issuance and sale of tickets, some or all services performs and the travel agency. The provision of Article 2 Traffic Rights 1. Each Party shall provide, with the exception of what is stated in the Appendix, the designated airline (carriers) of the other Party the following rights for the operation of international air transport: and) the right to fly over the territory of the other Party without landing; (b)), the right to make stops in its territory for non-traffic purposes; (c)) while operating the agreed services on the specified routes, the right to make stops in its territory for the purpose of loading or unloading passengers, cargo and mail, separately or in combination. 2. Nothing in paragraph 1 of this Article shall be construed as granting rights airline of one Contracting Party that participate in air transportation between points on the territory of the other Contracting Party. Article 3. And our operating authorization of airlines 1. Each Party shall have the right to designate by written notice to the other Party through diplomatic channels to one or more of the airlines that operate air services on the routes specified in the annex and replace the originally designated airline by another airline. 2. When each party shall receive notice of such determination shall grant the airline (airline companies) so designated by the other party and it is operational approval in accordance with the provisions of this article. 3. The designated airline may upon receipt of the operating authorization referred to it in paragraph 2 of this Article at any time to operate the agreed services, in part or in full, provided that they comply with the provisions of this Agreement and that tariffs for such services has been established in accordance with the provisions of Art. 5 of this Agreement. 4. Each Party shall have the right to refuse this grant the operating authorization referred to it in paragraph 2 of this Article, the designated airline or to grant this authorization under conditions which it deems necessary it exercise the rights provided for in Article. 2 of this Agreement, unless satisfied that substantial ownership and effective control of the airline belong to the Party that it has identified or its nationals, or both. Article 4 The withdrawal and revocation of approval 1. The aeronautical authorities of each Contracting Party shall have the right to cancel the designated airline of the other Party authorizations referred to in this Article. 3, revoke or suspend such authorization or impose conditions in the event that: a) the aeronautical authorities of the Contracting Party determines that this airline has violated the laws and regulations normally and reasonably applied by the Authority in accordance with the Convention; (b)) the airline violated the laws and regulations of that Party; (c)) is not satisfied that substantial ownership and effective control includes the designated carriers of that Party or its nationals; (d)) the airline operation does not take place in accordance with the conditions set out in this agreement. 2. This right referred to it in paragraph 1 of this Article shall be exercised only after consultation with the aeronautical authorities of the other Party, unless immediate action is necessary to prevent further infringements of laws and regulations referred to it in paragraph 1 of this article. Unless otherwise agreed by the Parties, consultations shall begin within sixty (60) days from the date of receipt of such request. Article 5 Tariffs 1. The tariffs applied by the designated airlines of the Contracting Parties for carriage between the territories of their states to be approved by the aeronautical authorities of both Contracting Parties and shall be set at a reasonable level, and will be paid to all account which falls factors, including the cost of operation, reasonable profit and the tariffs of other airlines for any part of the specified routes. 2. The tariffs referred to it in paragraph 1 of this Article shall be agreed if possible, the designated airlines of the procedures of the International Air Transport Association for establishing tariffs. If this is not possible, the tariffs agreed between the designated airlines. In any case, the tariffs are subject to approval by the aeronautical authorities of both Contracting Parties. 3. All tariffs so agreed shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least sixty (60) days before the proposed date of their introduction, except where the said aeronautical authorities agree, shortened in special cases this period. 4. The import of tariffs may be given expressly. These tariffs shall be considered approved if none of the aviation authorities disagrees with the proposed tariffs within thirty (30) days from the date of submission in accordance with paragraph 3 of this article. In the event that the period for submission will be reduced in accordance with paragraph 3 of this Article, the aeronautical authorities may agree that the period within which they must be notified of any disagreement, will also be correspondingly shortened. 5. If it is possible to agree on a tariff in accordance with paragraph 2 of this article, or if the period specified in paragraph 4 of this Article, one aeronautical authority notifies the other aeronautical authorities of its disapproval of any tariff agreed in accordance with paragraph 2 of this Article shall endeavor that aviation authorities to fix the tariff by mutual agreement. 6. If the aeronautical authorities can agree on tariff and submitted it to them under paragraph 3 of this article or on the determination of the tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Art. 17 of this Agreement. 7. Fares contracted under the provisions of this Article shall be in force until the conclusion of the new tariffs. 8. The airlines of both Contracting Parties may set tariffs different from those which have been approved in accordance with the provisions of this Agreement. Article 6 The business activities of the first Designated airlines of both Contracting Parties shall be permitted to: and) establish the territory of the other Contracting Party offices for the acquisition and sale of air transport, the shipping documents as well as other activities required for the implementation of air transport; (b)) carried out on the territory of the other Contracting Party on the basis of reciprocity, directly and at the discretion of the airline through agents selling airlift. Second designated airline (businesses) will be allowed to set up and maintain in the territory of the other Party their commercial, operational and technical staff who need it to perform air transportation. 3. Requirements for such personnel may be according to the wishes of the designated airline (an) met its own personnel or by using the services of any other organization, company or airline cycled on the territory of the other Contracting Party and authorized to perform such services in the territory of the Contracting Party. 4. These activities will be carried out in accordance with the laws and regulations of the other Contracting Party. Article 7 of The conditions for fair competition 1. The designated airlines of both Contracting Parties shall have fair and equal opportunity that participate in the international air transportation governed by this Agreement. 2. Each Party shall take appropriate measures within its jurisdiction to eliminate all forms of discrimination or unfair competition adversely practically applied to the competitive position of the airline of the other Party. 3. The designated airline (business) of one Contracting Party in the operation of the specified routes to take into account the interests of the designated airline (an) other party which vypuštěním ties wheresprinklerů the same line. The primary criterion will be particularly satisfying and expected transport demand for the carriage of passengers, cargo and/or mail on the specified routes. Article 8 first flight schedules airlines designated by each Contracting Party shall submit for approval to the aeronautical authorities of the other Contracting Party, at least fourty-five (45) days in advance, lines, timetables, which it intends to operate, with the determination of the frequency, type of aircraft, the configuration and number of seats, which will be available to the public. 2. The application for permission to operate additional flights shall be submitted by the designated airline for approval directly to the aeronautical authorities of the other Contracting Party. Article 9 of the Customs duties and taxes 1. Aircraft used in the operation of international air services by the designated airline (business) of one Contracting Party, as well as their regular airborne equipment, spare parts, fuel and lubricants, aircraft stores (including food, beverages and Tobacco) on board such aircraft carried, as well as recruiting and promotional material transported aboard this aircraft will be exempt from all customs duties, inspection fees and similar national or local duties and taxes , on arrival at the territory of the other Party, provided that such equipment and supplies remain on board the aircraft until they are re-exported. 2. The regular equipment, spare parts, supplies of fuel and lubricants and supplies retained on board the aircraft introduced into the territory of one Contracting Party designated airline of the other Party or taken on board an aircraft operated by the designated airline and intended solely for use on board aircraft performing international air services shall not be levied any taxes , including customs duties and inspection fees established in the territory of the first Contracting Parties will not be selected even when these supplies are to be over-used parts of the routes run through the territory of the Contracting Party to which they were taken aboard. It may be required that the materials mentioned above were under customs supervision or control. The provisions of this Article shall not be interpreted in such a way that the party should be obliged it to reimburse the designated airline (businesses), the competent customs fees that have already been selected for the items listed above. 3. The regular airborne equipment, spare parts, supplies of fuels and lubricants and supplies retained on board the aircraft first Contracting Party may be's unloaded in the territory of the other Contracting Party only with the consent of the customs of that Contracting Party, which may require the placement of these materials under their supervision until such time as they are exported or will be disposed of in accordance with customs regulations differently. Article 10 Double taxation, Contracting Parties shall act in accordance with the provisions of the Agreement between the Czechoslovak Socialist Republic and the Kingdom of the Netherlands for the avoidance of double taxation and prevention of tax evasion with respect that taxes on income and wealth, signed in Prague on March 4, 1974. Article 11. Transfer of income 1. The designated airline (business) of one Contracting Party will be free to sell air transport services in the territory of the other Contracting Party, either directly or through agents. 2. The designated airline of that Contracting Party shall be free to transfer the excess of income over expenditure in the territory, where the sale was made, according to the regulations applicable to the exchange of money on its territory. The transfer of money, the revenue over expenditure includes the revenue part of the revenue from the sale of air services, ancillary and supplementary services, carried out directly or through agents, and normal business interest earned on such income at a time when they are stored for the expected transfer prior to its implementation. 3. The designated airline (companies), the contracting parties shall receive within thirty (30) days of the request consent that such transfer in freely convertible currency at the official exchange rate for the exchange of local currencies in the day when the request was made. The transfer shall take place immediately after approval. Article 12 Application of Laws, Regulations and Procedures 1. Laws, regulations and procedures of one Contracting Party regarding the entry and exit of aircraft engaged in international air services, or related to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Party the Party upon entry, exit and traffic in this area. 2. Laws, regulations and procedures of one Contracting Party relating it to immigration, passports or other approved travel documents, entry, residence on the territory, customs and health measures, which apply to the crew, passengers, cargo and mail carried by aircraft of the designated airline of the other Party, They will be respected by them when entering and leaving the territory until of the Contracting Party. 3. Passengers, baggage and cargo in direct transit through the territory of the other Contracting Party and not leaving the area of the airport reserved for such purpose shall be subject to a simplified control except for security measures against violence, air piracy and. Baggage and cargo in direct transit shall be exempt from customs duties and other similar charges. 4. Fees collected in the territory of the other Contracting Party for the use of airports and other facilities in the territory of the first Contracting Party shall not be higher than the fees charged for the operation of any other airline performing a similar service. 5. No Contracting Party shall not discriminate in favor of any other airline before the designated airline of the other Party in the application of customs, immigration, health and similar regulations or in the use of airports, airways and air traffic control services and other related services to manage. Article 13, Recognition of certificates and licenses Certificates of airworthiness, certificates and licenses issued or confirmed as valid by one contracting party, the other contracting party shall be recognized as valid for the purpose of operating the agreed services on the specified routes provided that such certificates and licenses were issued or endorsed as applicable, in accordance with standards issued under the Convention. Each Contracting Party reserves the right to refuse to recognize it as valid for flights over its own territory, certificates and licenses issued to its own nationals by the other Party. Article 14 Aviation Security 1. The Parties shall act in accordance with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague in December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23 , 1971, because they are parties to these conventions. 2. The Parties shall provide upon request all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threats to the security of civil aviation. 3. The Parties shall, in their mutual relations, act in accordance with the provisions on civil aviation laid down by the International Civil Aviation Organization and designated as their Annexes to the Convention to the extent that such security provisions are applicable to the Parties; They shall require that operators of aircraft registered in their territory or operators of aircraft who have their principal place of business or permanent residence in their territory and operators of airports in their territory act in accordance with these provisions on civil aviation security. 4. The Parties mutually agree that it may be required that those aircraft operators comply with the provisions on civil aviation mentioned above in paragraph 3 required by the other Party for entry, exit and stay on its territory. 5. Each Party shall ensure in its territory, the appropriate measures to protect aircraft and to inspect passengers, crew, carry-on baggage, checked baggage, cargo and aircraft stores prior to and during boarding or loading. 6. Each Party shall give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. 7. Where a party reasonable grounds to believe that the other Party has departed from the provisions that protect the civil aviation in this Article, the aeronautical authorities of the Contracting Parties may request the aeronautical authorities of the other Party for urgent implementation of consultations. Unless the parties agree otherwise, such consultations will be launched in the period up to sixty (60) days from the date of receipt of such a request. Article 15 Computer reservation sales and distribution system 1. The Parties agree that: and) customer interest in air transport will be protected from any misuse of information including misleading presentation; (b)) The airline designated by a Party and the agents of the airline will be non-restrictive and discriminatory approach to the use of computerized reservation sales and distribution system on the territory of the other Contracting Party; (c)) for the regulation and operation of computer sales and distribution systems, the measures taken on the territory of the respective Parties. 2. The Party guarantees the designated airline of the free and unrestricted access to the selected CRS sales and distribution system as the primary system for air (an) other Contracting Party in its territory. Neither Contracting Party shall in its territory or enforce promises that it will apply to the CRS and distribution marketing system selected by the designated airline (business) of the other Contracting Party more stringent requirements than those applied to distribution sales systems with their own aerial businesses. Article 16 Consultation and Amendment 1. In a spirit of close cooperation the aeronautical authorities of the Contracting Parties consult it from time to time, taking into account the security of their implementation and satisfactory compliance with, the provisions of this Agreement. 2. Each Party may request consultations regarding changes to this Agreement or its their annexes. These consultations shall begin within sixty (60) days from the date on which one party receives the request and the other party, unless otherwise agreed. Such consultations may be conducted through negotiation or in writing. 3. Any amendment to this Agreement agreed between the parties will enter into force after the exchange of diplomatic notes. 4. Any amendment that their Annexes to this Agreement shall be agreed in writing between the aeronautical authorities and shall enter into force on the date specified by the latter. Article 17 Settlement of Disputes 1. Any dispute concerning the interpretation or application of this Agreement or its their annexes will be settled by direct negotiations between the aeronautical authorities of both Contracting Parties. If the aeronautical authorities fail to reach this agreement, the dispute shall be settled through diplomatic channels. 2. If the parties are unable to resolve the dispute through negotiation, the dispute may be at the request of either Contracting Party, be submitted for decision and the tribunal of three arbitrators; One of them will be the well-appointed would each Party and the third to be agreed between the two arbitrators so chosen, provided that the third arbitrator is not a national of either Contracting Party. Each Party shall nominate an arbitrator within a period of 60 days from the date of receipt of the diplomatic note one other Contracting Party the Party requesting arbitration of the dispute and the third arbitrator shall be agreed upon during the next 60 days. If either of the parties fails to appoint its own arbitrator within the period up to 60 days or if the third arbitrator is not agreed upon within the specified time, can either party may request the President of the Council of the International Civil Aviation Organization that appoint an arbitrator or arbitrators. Costs of arbitration will be divided proportionally between the Parties. 3. The Parties shall abide by any decision taken under paragraph 2 of this article. Article 18 Termination Either Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision that terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. In this case, this Agreement shall expire twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the said notice of termination is withdrawn before the expiration of this period. In case that is not confirmed receipt of the notice by the other Party, the notice will be deemed received 14 days after it received a copy of the International Civil Aviation Organization. Article 19 Registration with ICAO This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization. Article 20 The application of multilateral agreements 1. The provisions of the Convention will be applied to this agreement. 2. If the entry into force of any multilateral convention concerning any matter enshrined in this agreement, which was accepted by both parties, will be the provisions of existing agreements is important to replace the provisions of this Convention is. The scope of Article 21 in relation to the Kingdom of the Netherlands will have the scope of this agreement only to the Kingdom in Europe. Article 22 Entry into force 1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties informed each other in writing of the completion of the constitutional formalities required in their respective countries. 2. Upon entry into force of this Agreement shall replace the Agreement between the Czechoslovak Republic and the Kingdom of the Netherlands concerning air services, signed in Prague on September 1, 1947. In witness whereof the credentials of their respective Agents, should Governments have signed this Agreement. Done in Prague on August 11, 1993, in duplicate, in the English language. For the Government of the Czech Republic-Ing. I. the Deputy Minister of the COR Foltýn Transport For the Government of the Netherlands: HJ Heinemann vr Ambassador to the Czech Republic arrival. Schedule lines that the Agreement on Air Services between the Czech Republic and the Kingdom of the Netherlands the Section and 1. The designated airline (business) Czech Republic will be able to operate air services on the following routes: Points in the Czech Republic-intermediate points-points in the Netherlands-points beyond and vice versa. 2. The designated airline (business) of the Kingdom of the Netherlands will be able to operate air services on the following routes: points in the Netherlands-intermediate points-points in the Czech Republic-beyond points and vice versa. Section B 1. Some or all of the points on the specified routes, the designated airline may omit the discretion on any or all flights. Second designated airlines of the Czech Republic and The Netherlands will be able to operate flights on the routes mentioned above, without restrictions on frequency and type of aircraft in any configuration. 3. The capacity on the agreed services operated by the designated airlines shall be agreed between the aeronautical authorities of both Contracting Parties based on principles of equality and equal opportunities. 4. Each designated airline shall have the right to exercise fifth freedom rights in full on all intermediate points and points beyond on their respective specified routes. 5. However, the designated airline of either Contracting Party shall have the right to exercise fifth freedom rights beyond this points, in which the designated airline of the other Party shall exercise the rights the third and fourth freedoms, unless the aeronautical authorities) of both Contracting Parties agree otherwise, or (b)) the Airline companies concerned, has entered into a business arrangement. In case the designated airline of either Contracting Party shall exercise fifth freedom rights in the area where the designated airline of the other Party initiate exercise of the third and fourth freedom during the IATA season, the first designated airline is permitted to continue this exercise the freedom rights of IATA that the end of the period.