AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE CZECH AND SLOVAK FEDERAL REPUBLIC
Bilateral
The Government of the Republic of the Philippines and the Government of the Czech and Slovak Federal Republic, hereinafter described as the Contracting Parties,
Being parties to the Convention on International Civil Aviation and the International Air Services Transit Agreement both opened for signature at Chicago on the 7th day of December, 1944, and
Desiring to conclude an agreement for the purpose of establishing and operating air services between and beyond the territories of the Philippines and of the Czech and Slovak Federal Republic.
Agree as follows:
ARTICLE I
For the purpose of this Agreement, unless the context otherwise requires:
| (a) |
the term “aeronautical authorities” means, in the case of the Republic of the Philippines, the Civil Aeronautics Board and/or any person or body authorized to perform any functions exercised at present by the said Civil Aeronautics Board or similar functions, and, in the case of the Czech and Slovak Federal Republic, the Federal Ministry of Transportation and/or any person or body authorized to perform any functions exercised at present by the said Ministry or similar functions;
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| (b) |
the term “designated airline” means an airline which one Contracting Party shall have designated, by written notification t6 the other Contracting Party, in accordance with Article III of the present Agreement, for operation of air services on the routes , specified in the Annex thereto;
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| (c) |
the term “territory” in relation to a State means the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection, trusteeship or administration of that State;
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| (d) |
the term “the Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof;
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| (e) |
the terms “air services”, “international air service”, “airline” and “stop for non-traffic purposes” have the meaning respectively assigned to them in Article 96 of the Convention;
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| (f) |
the term “agreed services” means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail;
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| (g) |
the term “specified route” means a route specified in the Annex to this Agreement;
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| (h) |
the term “Annex” means the Annex to this Agreement or as amended . in accordance with the provisions of Article XII of this Agreement. The Annex forms an integral part of this Agreement and all references to the Agreement shall include the Annex except where explicitly agreed otherwise.
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ARTICLE II
| (1) |
Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing air services specified in the Annex to this Agreement.
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| (2) |
Subject to the provisions of the present Agreement, the airline designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following privileges:
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| (a) |
to fly without landing across the territory of the other Contracting Party;
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| (b) |
to make stops in the said territory for non-traffic purposes; and
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| (c) |
to make stops in the said territory at the points specified for – that route in the Annex to the present Agreement for the purpose of putting down and taking on international traffic in passengers, cargo and mail •coming from· or destined for other points so specified.
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| (3) |
Nothing in paragraph 1 (2) of this Article shall be deemed to confer on the airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
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ARTICLE III
| (1) |
Each Contracting Party shall have the right to designate in writing ·to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes;
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| (2) |
On receipt of the designation, the other Contracting Party, shall subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline designated the appropriate operating authorization. |
| (3) |
The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill ·the conditions prescribed under the laws and regulations normally and reasonably applied by them in a manner not inconsistent with the provisions of the Convent ion to the operation of international commercial air services.
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| (4) |
Each Contracting Party shall have the right to refuse to accept the designation of an airline and to withhold or revoke the grant to an airline of the operating authorization specified in paragraph (2) of this Article or to impose such conditions as it may deem necessary in the exercise by an airline of the operating authorization in any case where it is· not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of the Contracting Party designating the airline.
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| (5) |
Subject to the provisions of Article VII of the present Agreement, and to the statutory powers of the aeronautical authorities of the Contracting Parties, at any time after the provisions of paragraphs (1), (2) and (3) of this Article have been complied with, an airline so designated and authorized may begin to operate the agreed services.
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| (6) |
Each Contracting Party, shall have the right to suspend the exercise by an airline of the operating authorization specified in paragraph (2) of this Article or to, impose such conditions as it may deem necessary on the exercise by an airline of the operating authorization in any case where the airline fails to comply with the laws and regulations of the Contracting Party granting the operating authorization or otherwise fails to operate in accordance with the conditions prescribed in the present Agreement, provided that, unless immediate suspension or imposition of conditions is essential to prevent further infringements of laws or regulations, this right shall be exercised only after consultation with the other Contracting Party.
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ARTICLE IV
| (1) |
Aircraft operated on international services by the designated airline of either Contracting Party, as well as their regular equipment, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board , such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.
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| (2) |
There shall also be exempt from the same duties and taxes, with the exception of charges corresponding to the service performed:
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| (a) |
aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of said Contracting Party, and for use on board aircraft engaged in an international air service of the other Contracting Party;
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| (b) |
spare parts entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international air services by the designated airline of the other Contracting Party;
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| (c) |
fuel and lubricants destined to supply aircraft operated on international air services by the designated airline of the other Contracting Party, even, when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board.
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| Materials referred to in sub-paragraphs (a), (b) and (c) may be required to be kept under customs supervision or control. | ||
| (3) |
The exemptions provided by paragraph (2) of this Article shall also be available where the airline of one Contracting Party have contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for loan or transfer in the territory of the other Contracting Party of the items specified in paragraph (2) of this Article.
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ARTICLE V
Each designated airline is authorized to maintain in the territory of the other Contracting Party its own technical and administrative personnel, without prejudice to the national regulations of the respective Contracting Parties.
ARTICLE VI
Either Contracting Party undertakes to grant the other Party free transfer, in any freely convertible currency at the official rate of exchange, of the excess of receipts over expenditure achieved on its territory in connection with the carriage of passengers, baggage, mail shipments and freight by the designated airline of the other Contracting Party. Wherever the payments system between Contracting Parties is governed by a special agreement, said agreement shall apply.
ARTICLE VII
| (1) |
The laws and regulations of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such· aircraft while within its territory, shall be applied to the aircraft of the airline designated by the other Contracting Party, and shall be complied with by such aircraft upon entering – or departing from or while within the territory of the first party.
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| (2) |
The laws and regulations of one Contracting Party as to the admission ·to or departure from its territory of passengers, crew, or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo of the airline designated by the other Contracting Party upon entrance into or departure from, or while within the territory of the first party.
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ARTICLE VIII
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The tariffs to be charged by the airline . of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, and the tariffs of other airlines.
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| (2) |
The tariffs referred to in paragraph (1) of this Article shall, if possible, be agreed by the designated airlines concerned of both Contracting Parties, in consultation with other airlines operating over the whole or part of the route, and such agreement shall, where possible, be reached through the rate-fixing machinery of the International Air Transport Association.
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| (3) |
The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of the Contracting Parties at least thirty (30) days before the proposed date of their introduction; in special cases, this time limit may be reduced, subject to the agreement of the said authorities.
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| (4) |
If the designated airlines cannot agree on any of these tariffs, or if for some other reason a tariff cannot be fixed in accordance with the provisions of paragraph (2) of this Article, or if during the first fifteen (15) days of the thirty (30) days’ period referred to in paragraph (3) of this Article one Contracting Party gives the other Contracting Party notice of its dissatisfaction with any tariff agreed in accordance with the provisions of paragraph (3) of this Article, the aeronautical authorities of the Contracting Parties shall try to determine the tariff by agreement among themselves.
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| (5) |
If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under, paragraph (3) of this Article and on the determination of any tariff under paragraph (4), the dispute shall be settled in accordance with the provisions of Article XI of the present Agreement.
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| (6) |
Subject to the provisions of paragraph (3) of this Article, no tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.
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| (7) |
The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.
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ARTICLE IX
In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of the present Agreement and the Annex thereto.
ARTICLE X
Certificate of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services described in the Annex to this Agreement. Each Contracting Party reserves the right to refuse to recognize for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another state.
ARTICLE XI
| (1) |
If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavor to settle it by negotiation between themselves.
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| (2) |
If the Contracting Parties fail to reach a settlement by negotiation, the dispute shall be submitted. for decision to a tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each· of the Contracting Parties shall designate an arbitrator within two months of the date of delivery by either Party to the other Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within one month after such period of two months. If either Contracting Party fails to designate its arbitrator within the period specified, or if the third arbitrator is not agreed, the President of the Council of 1 the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third state and shall act as President of the arbitral body.
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| (3) |
The Contracting Parties undertake to comply with any decision given under paragraph (2) of this Article.
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ARTICLE XII
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If either of the Contracting Parties considers it desirable to modify the terms of the present Agreement, it may request · consultation with the other Contracting Party; such consultation, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall’ begin within a period of sixty (60) days of the date of the request. Any modifications so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes.
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| (2) |
Modifications to routes may be made by direct agreement between the competent aeronautical authorities of the Contracting Parties.
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ARTICLE XIII
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The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
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| (2) |
The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention ·to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
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| (3) |
Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph (2) above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party.
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| (4) |
Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading.
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| (5) |
Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for , reasonable special security measures to meet a particular threat.
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| (6) |
When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
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| (7) |
When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.
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ARTICLE XIV
The present Agreement and any modifications thereto in accordance with Article XII above, shall be registered with the International Civil Aviation Organization.
ARTICLE XV
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement; such not ice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE XVI
The present Agreement shall come into force on the date of signature.
In Witness Whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement and affixed thereto their seals.
Done in duplicate in the English language at PRAGUE this 23rd day of April 1992.
| For the Government of the | For the Government of the |
| Republic of the Philippines | Czech and Slovak Federal Republic |
| (SGD.) | (SGD.) |
ANNEX
In order to develop the air transport services along the routes or sections thereof specified in the schedule made part of the Annex and for the purpose of achieving and maintaining equilibrium between the capacity of the specified air services and the requirements of the public for air transportation, as determined by the aeronautical authorities of the Contracting Parties, it is agreed that:
| (a) |
The designated airline of each Contracting Party shall enjoy fair and equal opportunity for the operation of air services for the carriage of traffic between the territories of the two parties;
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In the operation by the designated airline of either Contracting Party of the specified air services, the interests of the airline of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provide on all or part of the same route;
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The air transport service offered by the designated airline of each Contracting Party on different sections of the specified air routes or sections thereof shall bear a close relationship to the needs of the public for air transport and to the traffic interests of the airlines concerned as provided in this Agreement;
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The services provided by a· designated airline under this Agreement shall retain, as their primary objective, the provision of capacity adequate to the traffic demands between the country of which such airline is a national and the country of ultimate destination of. the traffic, and the right of the designated airline of either Contracting Party to embark and to disembark, at points in the territory of the other Contracting Party, international traffic destined for or coming from third countries on the specified air routes shall be applied in accordance with the general principles of orderly development to which both Contracting Parties subscribe and shall be subject to the general principle· that capacity shall be related:
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to the requirements of the traffic between the country of origin of the air service and destinations on the specified air routes;
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to the requirements of through airline operations;
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to the air transport needs of the area through which the airline passes; and
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to the adequacy of other air transport services established by airlines of the States concerned between their respective territories.
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ROUTE SCHEDULE:
| A. |
Route to be operated by the designated carrier of the Republic of the Philippines in both directions:
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| POINTS OF |
INTERMEDIATE
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POINTS OF
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BEYOND |
| DEPARTURE |
POINTS
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DESTINATION
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POINTS |
| Any 1 point |
Up to 2 points
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Prague
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Up to 2 points |
| in RP |
| B.. |
Route to be operated by the designated carrier of the Czech and Slovak Federal Republic in both directions:
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| POINTS OF |
INTERMEDIATE
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POINTS OF
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BEYOND |
| DEPARTURE |
POINTS
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DESTINATION
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POINTS |
| Any 1 point |
Up to 2 points
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Manila
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Up to 2 points |
| in Czechoslovakia |
NOTES:
The Specification of intermediate and/or beyond points, as well as provision for fifth freedom rights and frequency/capacity entitlements, shall be subject to the mutual agreement of the designated airlines, and to the approval of the aeronautical authorities of the Contracting Parties.
Entry into Force: April 23, 1992