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The Agreement On Air Transport Between The Czechoslovak Socialist Republic And The Prc

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

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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.