89/1974 Coll.
The Decree
Minister of Foreign Affairs
of 10 June 1999. July 1974
on the agreement between the Government of the Czechoslovak Socialist Republic and the Government
Spain on air transport
4 March. September 1973 in Prague was the agreement signed between the Government of
The Czechoslovak Socialist Republic and the Government of Spain on air
transport, which according to its article XVIII entered into force on 7 February 2004.
in May 1974.
The Czech version of the agreement shall be published at the same time.
Minister:
Ing. Now in r.
The agreement
between the Government of the Czechoslovak Socialist Republic and the Government of Spain concerning
air transport
The Government of the Czechoslovak Socialist Republic
and the Government of Spain
Desiring to conclude an agreement in order to develop relations in air
transport between the two countries
have agreed as follows:
Article. (I)
For the implementation of this agreement and its annexes
and) the term "aeronautical authority" means, as regards the Czechoslovak
the Socialist Republic, the Federal Ministry of transport, and as regards the
Spain, the Ministry of aviation (podsekretariát for civil aviation)
or, in both cases, each institution or the person responsible for carrying out the tasks
that are currently carried out by the latter,
(b)) the expressions "agreed services" and "provided the track" means the international
air services and routes set out in the annex to this agreement,
(c)), the expression "specified by the air company" means an air transport undertaking which
one Contracting Party designated by written notification to the other party to the
the operation of the agreed services.
Article II
Each Party shall provide the other Contracting Party the rights laid down in the
This agreement and its annex for the purpose of establishing and maintaining
regular commercial air services on the routes set out in the
Annex (hereinafter called "the agreed services" and "provided the track"). Air
undertaking designated by each Contracting Party will be in the operation of the agreed
services on the specified route enjoy the following rights:
and fly without landing) through the territory of the other Contracting Party,
(b) the land in that territory) for non-commercial purposes,
(c)) to load and unload passengers, cargo and mail in international traffic
at specified points on the specified routes, in accordance with the provisions of this
The agreement and its annexes.
Article. (III)
1. each Contracting Party shall have the right to determine, by written notification to the other Contracting
side air transport company to operate the agreed services on the
laid down the lines.
2. After the adoption of the written determination of the other Contracting Party, shall be granted to the
subject to the provisions of article IV of this agreement, designated air company
without delay, the appropriate operating authorisation.
3. the aeronautical authority of one Contracting Party may require that the air company
specified by the other party to prove its capacity to comply with
conditions laid down in the laws and regulations which the Office usually and adequately
applicable to the operation of international air services in accordance with the
the provisions of the Convention on International Civil Aviation (Chicago, 1944).
4. Each Contracting Party shall have the right not to grant operating permission
referred to in paragraph 2 of this article, or to impose conditions that would
deemed necessary for the exercise of the rights set out in article II of the
Air venture, in case when it is not convinced that the material
part of the ownership and effective control of the undertaking belongs to the Contracting
the party that has designated the airline undertaking, or its nationals.
5. After the aerospace firm and thus designed, may initiate
whenever operation of the agreed services if such services are
pay the fare conditions laid down in accordance with the provisions of article XI of the
of this agreement.
Article IV
1. Each Contracting Party shall have the right to revoke the operating authorisation or
to cancel the exercise of the rights set out in article II of this agreement, air
an undertaking designated by the other Contracting Party, or to impose such conditions
the exercise of these rights, as considered necessary,
and in the case of that) is that air will not be undertaking governed by the laws and regulations of the
the Contracting Party which has granted these rights,
(b)) in the event that it is not convinced that a substantial part of the ownership
and effective control of the air company belongs to the party that
Specifies the aerospace company, or its nationals,
(c)) in the event that the undertaking does not operate air services in the agreed
accordance with the conditions laid down in this agreement.
2. If immediate appeal of operating permissions, the cancellation of the exercise of rights
or the imposition of conditions in the operating permission in accordance with paragraph 1 of this
the article will not be necessary to prevent further infringements of laws and regulations,
This right will be exercised only after consultation with the other Contracting Party.
Article. In
1. The laws and regulations of one Contracting Party relating to the admission to
its territory of aircraft engaged in international output or flights or on
operation and flying these aircraft on its territory, they will be subject to
also on the aircraft of the air company designated by the other Contracting Party and
These aircraft will be followed from entry to the territory of the first party
to exit from it and stay in the territory.
2. The laws and regulations of one Contracting Party governing entry, residence, and
the output from its territory of passengers, crew and cargo, such as
the formalities relating to the entry and exit as well as the mobile and
access, customs and health, they will apply to passengers,
the crew and the cargo transported by airplane designated air company second
the Contracting Parties shall, if they are on that territory.
Article VI
1. Aircraft used for the operation of international air services by the designated
the air holding each of the Contracting Parties, as well as their usual
equipment, fuel, lubricating oil and supplies (including food, beverages
and tobacco) on board such aircraft, will be exempt from the
all customs duties, inspection or other fees and charges in
the entry on the territory of the other Contracting Party, provided that such equipment
and supplies remain on board the aircraft up to the time when they will again
exported.
2. With the exception of charges for the services provided will also be exempted from the
the same fees and charges
and in-flight supplies loaded on) the territory of each Contracting Party, to the extent
Nevertheless, the authorities of this Contracting Party and intended for use on board
the aircraft of the other Contracting Party operating international air services,
b) spare parts imported into the territory of one Contracting Party for the purpose of
the maintenance or repair of aircraft used to operate international air
services designated by the airline companies of the other party,
(c)), fuel and lubricating oils, intended for the supply of aircraft used
the designated airline of the other Contracting Party, undertakings to operate international
air services, even if these supplies will be consumed during the flight over
the territory of the Contracting Party in which they were adopted.
May be required to make the material referred to in subparagraphs (a) and (b) and (c))))
was under customs supervision or control.
3. Normal aircraft equipment, as well as the materials and supplies on board
aircraft of one Contracting Party may be unloaded in the territory of the other Contracting
the party only with the approval of the Customs authorities of the territory. In such a
the case can be stored under the supervision of those authorities, until the time when
will be exported out of the country or will be with them after the prior approval of the
otherwise loaded.
4. Each Contracting Party shall exempt the specified air enterprise of the other Contracting
parties from all customs duties, inspection or other fees and
the benefits in terms of business recruitment material, which will be used
solely in connection with the operation of the agreed services, the designated air
the enterprise of the other party.
Article. (VII)
Fees for the use of airports and other facilities on the territory of each Contracting
the parties will choose according to the rates specified by its competent
authorities.
Article. (VIII)
Passengers in direct transit across the territory of either Contracting Party and
neopouštějící part of the airport designated for such purpose shall be subject to
only simple control. Luggage and goods in direct transit shall be
exempt from customs duties and other similar charges.
Article. (IX)
1. Each Party shall provide to the designated air company second
Contracting Party exemption from all taxes on profits or income
resulting from the operation of the agreed services.
2. transfers of surplus of income achieved by the designated airline of one undertaking
Contracting Party in the territory of the other Contracting Parties shall be carried out according to the
foreign exchange regulations in force in the territory of that Contracting Party in freely
convertible currencies.
3. each Contracting Party shall allow for such transfers of funds to other
country; These transfers will be carried out without delay.
Article. X
1. the capacity offered by the designated airlines of both Contracting Parties enterprises
in the operation of the agreed services shall be in close connection with the particular
estimated requirements of the transport demand between the territories of the Contracting Parties.
2. the aeronautical authority of each Contracting Party will deliver aviation authority other
the Contracting Parties shall, on request, statistical data which can be reasonably
considered necessary for the purposes of the assessment of the capacities needed for
the agreed services.
Article. XI
1. In the following paragraphs, the term "tariff" means the prices to be
to pay for the carriage of passengers, baggage and goods, and the conditions
the application of these prices, including the prices and conditions for the agent and other
ancillary services, but not for the carriage of mail or payment conditions
its transport.
2. the tariffs to be charged by the air companies of one Contracting Party for carriage
on the territory of the other Contracting Party or in the territory of the
laid down in the appropriate amount, and will be taken to all the needy
factors, including operating costs, reasonable profit and other tariffs
Air enterprises.
3. If possible, the tariffs referred to in paragraph 2 of this article shall be
negotiated by the designated air companies of the Contracting Parties after consultation with the other
air transport undertakings which operate on whole or in part the same
the track, and that such an agreement will be concluded, where possible, with the use of the
the purpose of the procedure created by the International Association of air
carriers.
4. Following the agreed tariffs will be submitted for approval to the aeronautical authorities of the
both Contracting Parties at least ninety (90) days before the date of
their introduction. In special cases it is possible to shorten this period,
If aviation authorities consent.
5. approval of tariffs can be given explicitly. In the event that none of the
aviation authorities into forty (40) days from the date of submission of the application referred to in
paragraph 4 of this article shall not issue a dissenting decision, tariffs will be
deemed to be approved. If the order for the period was shortened in the meaning of
paragraph 4, may, with the aviation authorities agree that the time limit for the issue of
the decision will be a mismatch of less than forty (40) days.
6. the tariff cannot be agreed in accordance with paragraph 3 of this article or
If during the period referred to in paragraph 5 of this article, the aeronautical authority
Aviation Authority of one party of the other party of its
the dissenting decision in respect of the tariffs negotiated under paragraph 3,
the aviation authorities of the Contracting Parties to attempt to determine the tariff by mutual agreement.
7. If they can't agree with the aviation authorities say the tariffs, which they have been
submitted in accordance with paragraph 4 of this article, or jointly determine the tariffs
in accordance with paragraph 6 of this article, the dispute shall be settled in accordance with the
the provisions of article XVI of this agreement.
8. the tariffs specified in accordance with the provisions of this article shall apply to the
the time will be determined by the new tariffs. The validity of any tariff, however, cannot
as a result of this article, be extended for a period of more than twelve
(12) months from the date on which the validity of such a tariff would already otherwise
expired.
Article. XII
The specified air venture each party is hereby authorized to maintain the
the territory of the other party's technical and commercial personnel in a number of
appropriate to the needs of the service to be performed.
Article. XIII
This agreement and any amendment thereof in accordance with article XV will be registered at the
The International Civil Aviation Organization.
Article. XIV
In the spirit of close cooperation with the aviation authorities of the Contracting Parties, from time to
time to advise, to ensure the satisfactory implementation of the provisions of the interpretation and
This agreement and its annexes.
Article. XV
1. If one of the parties will consider it appropriate to change
some of the provisions of this agreement, may request the other Contracting Party of the
meeting; such a meeting, which may be made between the aeronautical authorities
Act or in writing, will begin within sixty (60) days from the date of
submission of the application. All of the changes agreed as follows the entry into force,
Once confirmed by Exchange of diplomatic notes.
2. amendments to the annexes to this agreement may be carried out from the date of
agreed the aeronautical authorities and enter into force as soon as
confirmed by Exchange of diplomatic notes.
3. If a general multilateral agreement relating to air transport
shall enter into force for the Contracting Parties, this agreement will be modified.
so that was in accordance with the provisions of the multilateral agreement.
Article. XVI
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 the Contracting
of the parties. If between the aeronautical authorities of the agreement will not be reached, the dispute shall be
settled by diplomatic means.
Article. XVII
Each of the Contracting Parties may at any time give to the other Contracting Party
in written testimony, wishes to end this agreement. This
testimony will also be communicated to the International Civil
Aviation. If the written notice was given, the expiry of the
This agreement twelve (12) months from the date on which the notice was received by the second
party, if the notice of termination by mutual agreement will be revoked before the expiry of the
in this period. If not confirmed receipt of the notification by the other Contracting
the party, the statement shall be deemed to have been served fourteen (14) days after
It has received the International Civil Aviation Organization.
Article. XVIII
Each Contracting Party shall notify the other party in writing of the approval
This agreement in accordance with their national legislation. The agreement shall enter in the
validity from the date of the last written notification of these.
The agreement will be implemented provisionally from the date of signature.
Done in Prague on 4. September 1973, in two originals, each in the language
the Czech and Spanish languages, both texts being equally authentic.
On the evidence of the agents of the parties have signed this agreement and
obtain it seals.
For the Government of the Czechoslovak Socialist Republic:
Stanislav Krebs in r.
For the Government of Spain:
Trias de Bes in r.
Annex 1
1. The agreed services and set out the lines referred to in article II of this agreement
shall be as follows:
And the Spanish lines (in both directions)
Points in Spain-Munich and/or Vienna, and/or other intermediate points
so far unidentified-Prague and/or Bratislava-points further in Europe and/or on
Near and Middle East, yet unidentified.
(B). The Czechoslovak track (in both directions)
Points in Czechoslovakia-Geneva and/or Marseille and/or other intermediate
points so far unidentified-Barcelona and/or Madrid-Dakar and/or Freetown
and/or other yet unspecified points in West Africa north of the Equator with
the exception of Nigeria, Cameroon and Gabon.
2. the new intermediate and beyond points will be identified later, lying by the agreement
aviation authorities of the two Contracting Parties which before will recommend their
designated air companies together to discuss the selection of these new points and
Search also the possibilities of cooperation for mutual benefit.
3. If, in the future, the company will launch the specified air services in Spain
points in Africa, where already he flew Czechoslovak air company specified
the Socialist Republic on the line referred to in paragraph 1. (B) of this annex,
and if at this time designated by the air company Spain so far
operates services to the points for the Czechoslovak Socialist Republic
in the context of the lines referred to in paragraph 1. Of this annex, the situation will be
discussed at the consultation of the relevant aviation authorities.
4. The specified air company may in its sole discretion for any or all
some services but for a landing at one or more points on the
the lines referred to in paragraph 1 of this annex, if the starting point of the line
will be on the territory of the Contracting Party which has designated this place.
5. The specified air enterprise of one Contracting Party may, within one service
fly to only one point on the territory of the other Contracting Party.
6. the frequency and the timetables of services that each of the intended
air companies operate, will be agreed upon between the undertakings referred to in
the principle of equal opportunities and will be subject to the approval of the aeronautical authorities of both
of the Contracting Parties.