91/1989 Coll.
The DECREE
Minister of Foreign Affairs
from day 4. May 1989
the Agreement on air transport between the Government of the Czechoslovak Socialist
of the Republic and the Government of the people's Republic of China
25 June. May 1988 was signed in Beijing the agreement on air transport
between the Government of the Czechoslovak Socialist Republic and the Government of China
's Republic of China. Agreement entered into force, pursuant to article
18 on 27. September 1988.
The Czech version of the agreement shall be published at the same time.
Minister:
JUDr. Mr v.r.
The AGREEMENT
on air transport between the Government of the Czechoslovak Socialist Republic and the
the Government of the Republic of China
The Government of the Czechoslovak Socialist Republic and the Government of the people's
Republic (hereinafter referred to as "the parties");
being parties to the Convention on international civil aviation, opened for
signature at Chicago on December 7. December 1944;
Desiring to facilitate friendly relations between their peoples and to develop
relations between the two countries in the field of civil aviation;
agree on the establishment and the operation of air transportation between their competent
territories, as follows:
Article 1
Definition of terms
For the purposes of this agreement, unless the text otherwise requires:
and) the term "aviation authorities" means, in respect of the Czechoslovak
the Socialist Republic, the Federal Ministry of transport and communications and in
the case of the Republic of China administration of civil aviation of China, or in the
both cases, by any person or authority responsible for the implementation of tasks
performed by the currently referred to the authorities;
(b)), the expression "aerospace firm" means any undertaking for air transport,
offering or operating an international air transport service;
(c)), the expression "specified by the air company" means the aviation business, which was
designed and commissioned in accordance with article 3 of this agreement;
(d)), the term "air transport service" means any scheduled air
transport service, carried out by aircraft used for public transport
passengers, baggage, cargo or mail;
(e)), the expression "international air transportation" means air
transport service, which passes through the airspace over the territory of more than
one State;
(f)), the expression "land for non-traffic purposes" means a landing for any
purpose other than the loading or unloading of passengers, baggage,
cargo or mail;
(g)), the term "capacity" means:
1. in relation to the aircraft payload of the aircraft, which is usable
on a line or on part of the line,
2. in relation to the specified air transport service, the capacity of the aircraft
used in such service, the number of flights operated by znásobenou
such aircraft during that period on the line or on the section of the line;
(h)), the term "tariff" means the prices to be paid for the carriage of
passengers, baggage and cargo and the conditions under which these prices are
used, along with the prices and terms for mediation and other
ancillary services, but does not include fees or conditions for the carriage of
mail;
I), the term "list of links" means a list of lines, attached to this agreement
or modified in accordance with the provisions of article 15 of this Agreement. A list of the
lines form an integral part of this agreement and any appeal to this agreement
include an appeal to The lines, unless otherwise specified.
Article 2
Grant of rights
(1) each Contracting Party shall provide the other Contracting Party the rights referred to in
This agreement, to allow its air company introduction and
the operation of international air services on the route referred to in the list
lines (hereinafter called "the agreed services" and "track").
(2) in accordance with the provisions of this Agreement designated the aerospace undertaking each Contracting
the Parties shall provide for the operation of the agreed services on the specified route
the following rights:
and the right to fly without landing) through the territory of the other Contracting Party after air
the track (s) designated by the aeronautical authorities of the other Contracting Party,
(b) the right to land on that) territory for non-traffic purposes at point (s),
to be agreed upon between the aeronautical authorities of both Contracting Parties, and
(c)) the right to land at point (s) on the specified route in the territory of the other
the Contracting Parties for the purpose of loading and unloading of passengers, baggage,
freight and mail in international traffic.
(3) the right to dispose of and Land Transport, passengers, baggage, cargo and
mail for the agreed services the designated airline of the undertakings of the parties
to set the line at a point in the territory of a third country will be agreed later
between the aeronautical authorities of both Contracting Parties.
(4) On the operation of the agreed services by the designated airline companies
Contracting Parties designated by the air company or another air company (s)
any Contracting Party may request the other to enable aviation authority
the Contracting Parties to operate Charter flights to, from and/or through the territory of
the other Contracting Party. Aviation authorities, which is such a request
submitted, shall assess the request according to its legislation expeditiously for
Charter flights and in the spirit of mutual benefit and friendly cooperation
to air companies of both parties should be fair and
mutatis mutandis, the same opportunity in the operation of International Charter
transport. Applications for Charter flights shall be submitted to the aviation authorities
the other party at least 15 days before the proposed operation and flights
can be operated only after obtaining the consent.
(5) the designated Contracting Parties, the air company will have the right to make
the carriage of passengers, baggage, cargo and mail between points in the territory of
the other Contracting Party for remuneration (cabotage).
Article 3
Destination and permission
(1) each Contracting Party shall have the right to designate in writing to the other Contracting
one side of the air company to operate the agreed services on the route
referred to in the list of lines.
(2) substantial ownership and effective control of the air company
designated by each Contracting Party, belongs to the party.
(3) the aviation authorities of the other party may require from the air
company designated the first Contracting Party to prove its capability
comply with the conditions established in the laws and regulations, which referred to the authorities of the
normally and reasonably applied to the operation of international air
transport services.
(4) on receipt of such a designation, the other Contracting Party shall provide for the
the conditions laid down in paragraphs (2) and (3) of this article as follows
designated undertaking operating air the appropriate permissions.
(5) as soon as the air was undertaking the following specified and authorised may begin
the operation of the agreed services from the date specified in the operating permission
provided that, in accordance with the provisions of articles 10 and 12 of the agreement is
agreed capacity and fare valid for this service.
Article 4
Cancellation of operating permissions
(1) each Contracting Party shall have the right to revoke or suspend the
operational permission already provided to the designated air company second
the Contracting Parties, or save it to a designated enterprise for the use of the air
the rights referred to in article 2 of this agreement, such terms and conditions, which shall be deemed
necessary in any of the following cases:
and when it is not confident) that a substantial part of the ownership and effective
check the air company belongs to the party that determines the air
undertaking, or
(b)) when an air company will not be subject to the laws and regulations of the Contracting
Parties that this law provides, or
(c) undertaking otherwise) when the air is going to operate in accordance with the
the conditions laid down in this agreement.
(2) Unless immediate revocation, suspension or imposition of the conditions referred to
in paragraph (1) of this article, it is not necessary to prevent the
violations of laws and regulations, such right shall be exercised only after
consultation with the other Contracting Party.
Article 5
The provisions of the technical services and user fees
(1) each Contracting Party shall designate the airports on their territory for the regular
operation and replacement of the airport, which will be used by the designated air
the enterprise of the other Contracting Parties for the operation on the specified track and provide
such an air company on its territory, the communications, navigation
Meteorological and other auxiliary services which are necessary for the operation
agreed services. If necessary, the detailed arrangements may be
concerning the above agreed upon between the aeronautical authorities of both
of the Contracting Parties.
(2) the designated air company of each party will be charged
fair and reasonable rates prescribed by the competent authorities of the other
the Contracting Parties for the use of their airfields, equipment and technical
services. Such a rate will not be higher than the rate for the other airline companies
States that use similar facilities and services in the operation of
the international air transport services.
Article 6
Duties and benefits
(1) an aircraft operated in international air transport services
the designated airline of one Contracting Party by an undertaking, as well as his usual
equipment, spare parts, fuel, oil (including hydraulic
liquids), lubricants and aircraft supplies (including food, beverages and tobacco)
stored on board, will be exempt from all customs duties,
inspection fees and other duties or levies upon arrival at the
the territory of the other Contracting Party, provided such equipment and supplies
they remain on board the aircraft and under customs supervision until the time when
will be exported.
(2) stocks of fuel oil (including hydraulic fluids),
lubricants, spare parts, equipment and supplies aircraft imported into the
the territory of each Contracting Party designated air enterprise of the other Contracting
party, or on its behalf, or taken on board an aircraft operated by the
such an undertaking designated by the air only for use in the operation of the
international air transport services, will be exempt from all
fees and taxes, including customs and inspection charges levied on
the territory of the first Contracting Party, even when these supplies are to be
used on the part of the journey operated across the territory of the Contracting Party in which the
they have been taken on board. May be required to make the material listed above
He was under the supervision or control of the custom.
(3) the usual air equipment, spare parts, supplies and aircraft inventory
fuel oil (including hydraulic fluids) and grease stored
on board the aircraft of each Contracting Party may be unloaded in the territory of the
the other Contracting Party only with the permission of the Customs authorities of that Contracting
the parties, which may require that these materials were stored under the
their supervision and control, in the meantime, before they are exported or
otherwise it will be loaded in accordance with the customs legislation.
(4) the exemption provided by this article shall be applicable in cases
When the specified air enterprise of one Contracting Party has arrangements with other
the air company or airline companies, which similarly enjoy this
exemptions from the other party, the lease or transfer in the territory of
the other Contracting Parties to the usual air equipment, spare parts,
stocks of fuel oil (including hydraulic fluids) and lubricants.
Article 7
Representation and staff
(1) for the operation of the agreed services on the specified route designated by air
undertaking each Contracting Party shall have the right, on the basis of reciprocity
establish representation at the point of landing laid down tracks on the territory of the other
the Contracting Parties. Staff representation, referred to in this paragraph, the
will be governed by the laws and regulations in force in the country, where the representation of the
located.
(2) the representation of the designated Air Staff undertaking each Contracting
the parties will be nationals of either of the Contracting Parties,
If not otherwise stated. The number of employees will be determined on the
reciprocal basis between the aeronautical authorities of both Contracting Parties.
(3) each Contracting Party shall ensure to the greatest possible extent the safety of
representation and the employees of the undertaking the second designated air Contracting
the Parties shall ensure that within its territory, and also the protection of aircraft, supplies and other
assets referred to an air company for use in the operation of the
agreed services.
(4) each Contracting Party will offer the representation of the designated air company
the other Contracting Party and its employees assistance and equipment necessary for the
the effective operation of the agreed services.
(5) the designated air crew members undertaking each Contracting Party in
years on the territory and the territory of the other Contracting Parties by State
nationals of the Contracting Parties, specifying such an air company. If the specified
Aviation Enterprise of one Contracting Party requests to employ crew members
other nationality during the years on the territory and the territory of the other Contracting
the party must receive prior consent from the other party.
Article 8
Transfer of earnings of the air company
(1) each Contracting Party shall provide to the designated air company second
the Contracting Parties the right to convert, exchange rate published in the official
its financial institutions, revenue surpluses over expenditures achieved on
its territory in connection with the carriage of passengers, baggage, cargo and
by mail to the designated air venture in any freely convertible
the currency. If the payment system between the Contracting Parties is governed by the Special
Agreement, such an agreement will be used.
(2) each Contracting Party shall facilitate the transfer of such amounts to another country;
These transfers will be carried out without delay.
Article 9
The input and handling regulations
(1) the laws and regulations of one Contracting Party governing
the entry of aircraft operating international flights on its territory and the output from the
him or that relate to the operation and flying these aircraft on its
territory, are binding for the aircraft of the air company designated by the other
a Contracting Party, and shall be complied with this aircraft on entry,
the output of the and during operation on the territory of the first Contracting Party.
(2) the laws and regulations of one Contracting Party governing
the entry on its territory, sojourn, transit and exit from him for
members of the air crew, passengers, cargo and mail, such as provisions
concerning the entry, exit, emigration and immigration,
travel documents, as well as customs and health regulations, will
apply to the passengers, members of the air crew, cargo and mail
transported by aircraft belonging to the air company's designated other
the Contracting Parties, if located on that territory.
(3) Passengers in direct transit across the territory of either Contracting Party,
who do not leave part of the airport reserved for such purpose shall be subject to
a simplified form of control. Baggage and cargo if they are in direct
transit, will be exempted from customs, inspection, and other fees and
taxes.
Article 10
The capacity provision
(1) each Contracting Party shall, while respecting the principle of equality and mutual
advantage, shall take all appropriate measures to ensure that a reasonably
an equivalent opportunity to benefit designated air companies of both
the Contracting Parties in the operation of the agreed services on the specified
lines.
(2) to operate the agreed services on the specified routes shall be
agreed, through consultations between designated air businesses
both parties, in the spirit of the principles of equality, mutual benefit and on the
basis of reciprocity, the formalities relating to the number of flights, aircraft type,
as well as scheduling, ground handling and other issues relating to the
the operation of the agreed services. Following the agreed arrangement will be presented
aviation authorities of both Contracting Parties for approval. If the designated air
the undertakings of the two parties do not reach agreement on the number of flights, the type of
aircraft and flight, aviation authorities of the two Contracting Parties shall endeavour to
to solve the listed formalities consultation.
(3) when operating the agreed services the designated aerospace firm each
the Contracting Parties shall take into account the interests of the designated air company second
the Contracting Parties so as to avoid improper influence of air
the services that the aviation company of the other party runs throughout the
track or its parts. In the case that the right to operate the agreed
the service is used by the enterprise unilaterally designated by one Contracting Party,
This is specified by the air company will take appropriate measures to ensure,
in order to be adequately taken into account the interests of the designated air company
the other Contracting Party.
(4) the agreed services, to be operated by the designated airline
undertakings of the Contracting Parties, will be monitored as a priority objective to ensure
the corresponding transmission capacity requirements between the points in the territories of both
the Contracting Parties, in reasonable use of the capacity of the aircraft. The right deal
or lay out of such services to the international transport of specified in points
or from points in third countries will be complementary.
(5) the designated aerospace firm of each Contracting Party may request the
the operation of the supplementary flight (s) on the specified route according to the transport
of the requirements. The application for such flight (s) will be submitted to the aviation authorities of the other
the Contracting Parties not later than 72 hours before the flight and said
the flight (s) can only be made after obtaining the consent.
Article 11
Provisions on statistics
The aviation authorities of each Contracting Party shall provide to the aviation authorities of the other
the Contracting Parties shall, on request, statistical data which can be reasonably
required for the purpose of reviewing the capacity provided on fixed line
the designated airline undertaking the first party. Such information will be
include all the information required to determine the volume of carried out
transports.
Article 12
The determination of tariffs
(1) Tariffs for any of the agreed services shall be established in a reasonable
the amount will be taken into account, taking into account all factors of falls
operating costs, including a reasonable profit, the nature of the services (such as the
the average speed and travel arrangement) and the fares of other airlines
enterprises on any part of the specified line. These tariffs shall be determined
in accordance with the following provisions of this article.
(2) the tariffs referred to in paragraph 1 of this article shall be agreed between the
designated air companies of both Contracting Parties after consultation, if it is
necessary and possible, with other air companies operating in the transport
the whole or part of the track. The tariffs will be subject to the approval of the agreed as follows
the aeronautical authorities of both Contracting Parties, and shall be submitted to the competent
aviation authorities at least 90 days before the proposed date of introduction of these
tariffs. This period may be shortened in certain cases on the basis of the
the agreement between those authorities.
(3) Not to be able to air companies to agree on any of these
fares, aviation authorities of the Contracting Parties shall establish tariffs agreement attempts to
between them.
(4) Not to be able to agree on the approval of the authorities of the air fare
submitted in accordance with paragraph 2 of this article, or on the determination of the tariff
in accordance with paragraph 3, the matter will be forwarded to the parties in the settlement
accordance with the provisions of article 14 of this agreement.
(5) if it is not fixed, the new tariff in accordance with the provisions of this
Article, not yet valid fares are indicating. The validity of the plan, however, will not be
extended pursuant to this paragraph for more than twelve months after the date of
which would otherwise have expired.
Article 13
The nationality of the aircraft and crew member certificate
(1) the designated air Aircraft undertaking each Contracting Party during operation
on the fixed line will be marked his nationality and
registration of the characters.
(2) the designated air business of each party may engage in
the agreed services on the specified route (s) of aircraft leased from third
country, provided that the prior notification and relevant information
relating to the leased aircraft will be provided to the aviation authorities of the other
the Contracting Parties at least 30 days before the commencement of the proposed operation.
However, at the request of any Contracting Party will be made between the
Contracting Parties to consultations on issues that may arise in
connection with the use of aircraft having the nationality of a third country.
(3) in accordance with international regulations or recommendations made by the
the Contracting Parties, each Party shall recognize as valid the certificate and
certificates of the aircraft operating the agreed services, and members of his crew,
issued or recognised as valid in another Contracting Party.
Article 14
Consultation
(1) Contracting Parties shall ensure the proper implementation of and satisfactory compliance with the
the provisions of this Agreement in a spirit of close cooperation and mutual support. For
to this end, the aviation authorities of the Contracting Parties will be among themselves from time to time
to carry out the consultation.
(2) any Contracting Party may request consultation with the other Contracting
the party, which may be oral or written and start in a period of 60 days from the
the date of receipt of the request, if both parties fail jointly to
an extension of this period.
(3) if any difference of opinion concerning the interpretation or
the implementation of this agreement, the designated airlines of both Contracting Parties with undertakings
will try, if appropriate, to settle it directly through the
consultations in the spirit of friendly cooperation and mutual understanding.
If the companies fail to reach a settlement of the air, or if the dispute
the matter does not fall within their competence, the aviation authorities of the Contracting Parties
will try to settle it among themselves. If you still not achieved
the settlement, the Parties shall endeavour to achieve it through the diplomatic
along the way.
Article 15
Amendment Of The Agreement
(1) If one of the Contracting Parties considers it desirable to change the
any provisions of this agreement, it may request consultation with the other
Contracting Party. This consultation, which may be conducted between air
authorities in writing, discussions or start in a period of 60 days from the date of receipt of the
request. Any amendment thus agreed will not take effect until the
will be confirmed by an exchange of notes through the diplomatic channel.
(2) the adjustments to the list of lines of this agreement may be agreed directly between the
the aeronautical authorities of the Contracting Parties. They will be implemented on a provisional basis from the date on
which have been agreed upon, and shall enter into force upon confirmation of the Exchange
diplomatic notes.
Article 16
Termination of the agreement
Each Contracting Party may at any time notify the other party of its
the decision to terminate this agreement. If such notice is
is made, this agreement will end its validity period of 12 months from the date of receipt of the
This notification to the other Contracting Party, unless the notice is not
withdrawn before the expiry of this period. The notification will be considered
received fourteen days from the date of his dating or transmission of the notification
the diplomatic mission of the other Contracting Party on the territory of the first Contracting Party.
Article 17
The names of the
In the header of each article of this agreement, the names are listed for the purposes of
references and rationality and importance do not have to define, limit or
describing the scope or meaning of this agreement.
Article 18
Entry into force of the
This agreement shall enter into force on the exchange of diplomatic notes
confirming that the parties cease the approval procedure provided for
their national legislation.
On the evidence of the undersigned, being duly authorised thereto by their
by their respective Governments, have signed this agreement.
Done in Beijing on 25 April in May 1988, in two originals, each in the language
Czech, Chinese and English languages, each text being equally
force.
For the Government of
The Czechoslovak Socialist Republic:
Jaromir Johanes v.r.
For the Government of
Republic of China:
Chu and Zhou-v.r.
Annex.
A LIST OF THE LINES
1. Line
and the agreed services operated by the Line) the specified air Enterprise
Government of the Republic of China will be the following in both directions: the point in the
China-point in Czechoslovakia
(b) the agreed services operated by the Line) the specified air Enterprise
the Government of the Czechoslovak Socialist Republic will be following in both
directions: the point in Czechoslovakia-point in China
2. Intermediate points shall be agreed between the aeronautical authorities of the Contracting Parties.
3. any point or points specified on line may be omitted in
any or all of the years according to the wishes of the designated air company
Each Contracting Party, provided that this operation starts within the territory of
the Contracting Parties, which specifies the aerospace firm.