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

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

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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.

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