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The Government of the Macao Special Administrative Region of the People's Republic of China ("the Macao Special Administrative Region") and the Government of the Czech Republic, the former having been duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China, hereinafter referred to as the Contracting Parties;
Desiring to conclude an agreement for the purpose of developing air services between the Macao Special Administrative Region and the Czech Republic and beyond,
Have agreed as follows:
For the purpose of this Agreement, unless the context otherwise requires:
(a) the term "aeronautical authorities" means in the case of the Macao Special Administrative Region, the Civil Aviation Authority and, in the case of the Czech Republic, the Ministry of Transport and Communications, or, in both cases, any other authority legally empowered to perform the functions exercised by the said aeronautical authorities;
(b) the term "designated airline" means each airline that one Contracting Party has designated in writing to the other Contracting Party and which has been authorized in accordance with Article 3 of this Agreement to operate the agreed services on the routes specified in conformity with paragraph 1. of Article 2 of this Agreement;
(c) the term "area" in relation to the Macao Special Administrative Region includes the Macao Peninsula and the Taipa and Coloane Islands and in relation to the Czech Republic has the meaning assigned to "Territory" in Article 2 of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Article 90 and 94 (the "Convention");
(d) the terms "air service", "international air service", "airline" and "stop for nontraffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention;
(e) the term "capacity" in relation to an aircraft, the payload of that aircraft available on a route or section of a route; and in relation to agreed services means the available seat capacity of the aircraft used on such services, multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;
(f) the term "Annex" means the Annex to this Agreement or as amended in accordance with the provisions of Article 19 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.
1. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing and operating international air services by a designated airline or airlines over the routes specified in the appropriate section of the Annex. Such services and routes are hereinafter called "agreed services" and "specified routes" respectively.
2. Subject to the provisions of this Agreement the designated airline or airlines of each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the following rights:
(a) to fly without landing across the area of the other Contracting Party;
(b) to make stops in the area of the other Contracting Party for non-traffic purposes;
(c) to embark and disembark in the area of the other Contracting Party at points specified in the Annex passengers, baggage and cargo including mail, separately or in combination, destined for or coming from point(s) in the area of the first Contracting Party; and
(d) to embark and disembark at the points in the areas of any other Third Party specified in the Annex passengers, baggage and cargo including mail, separately or in combination, destined for or coming from points in the area of the other Contracting Party, specified in the Annex.
3. The airlines of each Contracting Party, other than those designated under Article 3 of this Agreement, shall also enjoy the rights specified in paragraph 2. (a) and (b) of this Article.
4. Nothing in paragraph 2. of this Article shall be deemed to confer on the designated airline(s) of one Contracting Party the right of taking on, in the area of the other Contracting Party, passengers, baggage and cargo including mail carried for remuneration or hire and destined for another point in the area of that other Contracting Party.
1. Each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the agreed services for such Contracting Party and to withdraw the designation of any airline or to substitute another airline for one previously designated. Such designation shall be effected by virtue of written notification between the aeronautical authorities of both Contracting Parties. Unless explicitly agreed otherwise between the aeronautical authorities of both Contracting Parties, there shall be no more than one designated airline from each Contracting Party for each individual route.
2. The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraphs 3. and 4. of this Article, grant without delay to the designated airline of the other Contracting Party the necessary operating authorizations.
3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfill the conditions prescribed under the laws and regulations applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.
4. (a) The Government of the Czech Republic shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorizations referred to in paragraph 2. of this Article or to impose such conditions as it may deem necessary on the exercise by a designated airline of the right specified in Article 2 of this Agreement, in any case where it is not satisfied that that airline is incorporated and has its principal place of business in the Macao Special Administrative Region;
(b) The Government of the Macao Special Administrative Region shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorizations referred to in paragraph 2. of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Czech Republic or its nationals.
5. When an airline has been designated and authorized in accordance with this Article, it may operate in whole or in part the agreed services for which it is designated, provided that tariffs and timetables established in accordance with the provisions of Articles 12 and 15 of this Agreement are in force in respect of these services.
1. The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement of the designated airline of the other Contracting Party or to impose such conditions, temporary or permanent, as it may deem necessary on the exercise of such rights:
(a.a) In the case of the Government of the Czech Republic, in any case where it is not satisfied that that airline is incorporated and has its principal place of business in the Macao Special Administrative Region; or
(a.b) In the case of the Government of the Macao Special Administrative Region, in any case where it is not satisfied that the substantial ownership and effective control of that airline are vested in the Czech Republic or its nationals; or
(b) In case of failure by that airline to comply with the laws and regulations of the Contracting Party granting those rights; or
(c) If that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1. of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Unless otherwise agreed by the aeronautical authorities, such consultations between the aeronautical authorities of both Contracting Parties shall begin within a period of sixty (60) days from the date of request made by either aeronautical authorities.
1. The laws and regulations of one Contracting Party relating to the admission to or departure from its area of aircraft engaged in international air services, or to the operation and navigation of such aircraft while within this area shall be applied to the aircraft of the airline or airlines designated by the other Contracting Party without distinction as to nationality, and shall be compiled with by such aircraft upon entry into, departure from or while within, the area of the first Contracting Party.
2. The laws, regulations and procedures of one Contracting Party relating to admission to, stay in, transit through, or departure from its area of passengers, crews, baggage, and cargo including mail, such as laws, regulations and procedures relating to entry, exit, immigration, passports, customs, currency, quarantine, health or sanitary measures, shall apply to passengers, crew, baggage, cargo and rnail carried by the aircraft of the designated airline of the other Contracting Party upon entry into or departure from or while within the area of the said Contracting Party.
3. In the application of its customs, quarantine and similar regulations, neither Contracting Party shall give preference to its own or any other airline over an airline of the other Contracting Party engaged in similar international air services.
1. The Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
2. The Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.
3. 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.
4. 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 area and the operators of airports in their area act in conformity with such aviation security provisions.
5. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4. above required by the other Contracting Party for entry into, departure from or while within the area of that other Contracting Party.
6. Each Contracting Party shall ensure that adequate measures are effectively applied within its area to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading.
7. Each Contracting Party shall also give a sympathetic consideration to any request from the other Contracting Party for reasonable security measures to meet a particular threat.
8. When an incident or threat of an incident of unlawful seizure of civil aircraft or their 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.
9. 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. Failure to reach a satisfactory agreement within one (1) month of the date of such request shall constitute grounds for application of Article 4 of this Agreement. If required by a serious emergency, either Contracting Party may take interim action prior to the expiry of a month period term.
1. Certificates of airworthiness, certificate of competency and licenses, issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Parry for the purpose of operating the agreed services, provided that such certificates and licenses are at least equal to or above the minimum standards which are established pursuant to the Convention.
2. Each Contracting Party reserves the right, however, to refuse to recognize as valid for the purpose of flights above its own area, certificates of competency and the licenses granted to its own nationals in the case of the Czech Republic and to its own residents in the case of the Macao Special Administrative Region by the other Contracting Party or by any other Third Party.
3. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
4. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall constitute the grounds for the application of Article 4 of this Agreement.
5. Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any aircraft operated by or, under the lease agreement, on behalf of the airline or airlines of one Contracting Party on services to or from the area of the other Contracting Party may, while within the area of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay.
6. If any such ramp inspection or series of ramp inspections gives rise to:
(a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at the time pursuant to the Convention, or
(b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant the Convention,
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.
7. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by, or, on behalf of the airline of one Contracting Party in accordance with paragraph 5. above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 6. above arise and draw the conclusions referred to in that paragraph.
8. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation.
9. Any action by one Contracting Party in accordance with paragraphs 4. or 8. above shall be discontinued once the basis for taking that action ceases to exist.
1. Each Contracting Party shall exempt the designated airline(s) of the other Contracting Party from import restrictions, customs duties, indirect taxes, inspection fees and any other duties and charges on aircraft, fuel, lubricants, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores and food (including liquor, tobacco, beverages and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use solely in connection with the operation or servicing of aircraft of the designated airline of such Contracting Party operating the agreed services, as well as printed tickets stock, air waybills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed free off charge by that designated airline.
2. The exemptions granted by this Article shall apply to the items referred to in paragraph 1. of this Article:
(a) introduced into the area of one Contracting Party by or on behalf of the designated airline of the other Contracting Party;
(b) retained on board aircraft of the designated airline of one Contracting Party upon arriving in and until leaving the area of the other Contracting Party; and
(c) taken on board aircraft of the designated airline of one Contracting Party in the area of the other Contracting Party and intended for use in operating the agreed services; whether or not such items are used or consumed wholly or partly within the area of the Contracting Party granting the exemption, provided such items are not alienated in the area of the said Contracting Party.
3. The regular airborne equipment, as well as the materials, supplies and stores normally retained on board the aircraft of a designated airline of either Contracting Party may be unloaded in the area of the other Contracting Party only with the approval of the customs authorities of that area. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
4. The exemptions provided for by this Article shall also apply in respect of consumable technical supplies, spare parts including engines and regular airborne equipment in situations where the designated airline of either Contracting Party has entered into arrangements with another airline for the loan or transfer in the area of the other Contracting Party provided such other airline similarly enjoy such exemptions from such Contracting Party. Such loans and transfer shall be announced by airline to a respective customs authorities.
1. The charges imposed in the area of one Contracting Party on a designated airline of the other Contracting Party for the use of airports, air navigation and other facilities shall not be higher than those that would be paid by its own aircraft of the same class engaged in similar international air services.
2. In the use of airports, airways, air traffic services and associated facilities under its control, neither Contracting Party shall give preference to its own or any other airline over an airline of the other Contracting Party engaged in similar international air services.
3. Each Contracting Party shall encourage consultations between its competent charging authorities and the airlines using the services and facilities provided by those charging authorities, where practicable through those airlines' representative organizations. Reasonable notice of any proposals for changes in such charges should be given to such users to enable them to express their views before changes are made. Each Contracting Party shall further encourage its competent charging authorities and such users to exchange appropriate information concerning such charges.
Passengers in direct transit across the area of a Contracting Party, not leaving the area of the airport reserved for such purpose shall be subject, except in respect of security provisions referred to in Article 6 of this Agreement and prevention of trafficking of narcotic drugs and psychotropic substances, to no more than a simplified control. Baggage and freight in transit shall be exempt from customs duties and other charges.
1. Upon filing with the aeronautical authorities of the first Contracting Party and subject to appropriate commercial registration in accordance with the respective laws and regulations of the first Contracting Party, the designated airline or airlines of the other Contracting Party shall have the right to sell freely its air transport services in the area of the first Contracting Party either directly or at its discretion through its agents, and any person shall be free to purchase such transportation in the local currency or in any freely convertible currency authorized by foreign exchange regulations in force in that area.
2. The designated airline of the Contracting Parties shall have the right to convert and to remit to their home area the excess of receipts over local expenditures earned in the area of the other Contracting Party in a freely convertible currency. Conversion and remittance shall be performed without restrictions at the prevailing foreign exchange market rate applicable for these transactions on the day the transfer is made. In the case that the prevailing foreign exchange market rate system is not established, the conversion and remittance shall be performed without restrictions on the basis of the official exchange rate applicable on the date the transfer is made. Actual transfer shall be executed without delay and shall not be subject to any charges except normal service charges collected by banks for such transactions.
3. In the event that payments between the Contracting Parties are governed by a special agreement, such an agreement shall apply.
1. The term "tariff" referred hereinafter means the prices or charges to be paid for carriage of passengers, baggage and cargo (excluding remuneration and conditions for the carriage of mail) and the conditions under which those prices and charges apply, including commissions to be paid on the carriage for agency services, charges and conditions for any services ancillary to such carriage which are offered by airlines and also include any significant benefits provided in association with the carriage.
2. The tariffs to be applied by the designated airline of a Contracting Party for services covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service (such as standards of speed and accommodation), commission rates, reasonable profit, tariffs of other airlines and other commercial consideration in the market place.
3. The aeronautical authorities of both Contracting Parties shall consider unacceptable tariffs that are unreasonably discriminatory, unduly high or restrictive because of the abuse of a dominant position, or artificially low because of direct or indirect subsidy or support, or are resulting in the price dumping.
4. Neither of the aeronautical authorities of both Contracting Parties will require their designated airlines to consult other airlines before filing tariffs for approval, nor they will prevent such consultation.
5. The tariffs shall be filed by a designated airline at least thirty (30) days before the proposed date of their introduction with aeronautical authorities of both Contracting Parties. The aeronautical authorities may approve or disapprove tariffs filed for one way or round trip carriage between the areas of the two Contracting Parties which commences in their own area.
When a designated airline of one Contracting Party has filed a tariff with the aeronautical authorities of the other Contracting Party from whose area the tariff is to be applied, such tariff will be treated as having been approved, unless within fourteen (14) days after the date of receipt of filing the aeronautical authorities of the latter Contracting Party have served a written notice of disapproval to the filing airline.
In approving tariffs, the aeronautical authorities of a Contracting Party may attach to their approval such expiry dates as they consider appropriate. Where a tariff has an expiry date, it shall remain in force until the due expiry date, unless withdrawn by the airline or airlines concerned, or unless a replacement tariff is filed and approved prior to the expiry date.
6. Neither of the aeronautical authorities shall take a unilateral action to prevent the inauguration of proposed tariffs or the continuation of effective tariffs for carriage between the areas of the two Contracting Parties commencing in the area of the other Contracting Party.
7. Upon request, the designated airline of one Contracting Party shall notify the aeronautical authorities of the other Contracting Party tariffs for carriage commencing in the area of this other Contracting Party over the specified routes to the third parties.
8. Notwithstanding paragraph 6. above, where the aeronautical authorities of either Contracting Party believe that a tariff for the carriage to its area falls within the categories described in paragraph 3. above, they shall give notice of disapproval to the aeronautical authorities and the designated airline of the other Contracting Party as soon as possible or at least within fourteen (14) days of the date of filing being received by them.
9. The aeronautical authorities of both Contracting Parties shall not require the filing for their approval of tariffs for carriage of cargo between points in the areas of the Contracting Parties, however the designated airlines shall register them at least fourteen (14) days before proposed date of introduction with aeronautical authorities of both Contracting Parties for the purpose of assessment pursuant to paragraphs 3. and 8. of this Article. Unless notice of disapproval with above mentioned cargo tariffs is received by the designated airline concerned from the aeronautical authorities of the Contracting Party in which area the cargo transportation commences within eight (8) days from registration, such registered cargo tariff will take effect on the indicated date of introduction.
10. The aeronautical authorities of either Contracting Party may, at any time, request consultations with the aeronautical authorities of the other Contracting Party on the application of the provisions of this Article. Such consultations shall be held not later than thirty (30) days after receipt of the request. If no agreement is reached, tile decision of the aeronautical authorities of a Contracting Party in whose area the carriage originates shall prevail.
11. The designated airlines shall have the right to match the approved tariffs of any airline, including charter prices, between the same city pair points on the routes specified in the Annex. A matching tariff in accordance with this paragraph shall be filed for information purposes not later than on its date of effectiveness with the aeronautical authorities of the Contracting Party from whose area the tariff is to be applied.
12. The aeronautical authorities of each Contracting Party shall have the right to investigate violations of tariffs and sales conditions committed by any airline, passenger or freight agent, tour organizer or freight forwarder.
1. There shall be fair and equal opportunity for the designated airlines of each Contracting Party to operate air services on any route specified in the Annex to this Agreement.
2. In operating the agreed services the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.
3. The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and/or cargo, including mail, coming from or destined for the area of the Contracting Party designating the airline. Provision of the carriage of passengers and/or cargo, including mail, both taken on board and discharged at points on the specified routes other than points in the areas of the Contracting Parties shall be made in accordance with the general principles that capacity shall be related to:
(a) traffic requirements to and from the area of the Contracting Party which has designated the airline;
(b) traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the states comprising the area; and
(c) the requirements of through airline operation.
1. In operating or holding out air services on the specified routes any designated airline of one Contracting Party may enter into blocked-space and code-sharing arrangement with:
(a) an airline or airlines of either Contracting Party;
(b) an airline or airlines of a third Party. Should such a third Party not authorize or allow comparable arrangements between the airlines of the other Contracting Party and other airlines on services to, from and via (such third Party), the Contracting Parties have the right not to accept such arrangements.
2. The above provisions are, however, subject to the conditions that all airlines in such arrangements:
(a) hold the underlying traffic rights and meet the principles of this Agreement, and
(b) meet the requirement applied to such arrangements by the aeronautical authorities of both Contracting Parties.
3. The code-sharing airlines are required to file a proposed code-sharing and blocked-space arrangements with the aeronautical authorities of both Contracting Parties at least forty-five (45) days before its proposed introduction. Such a code-sharing and blocked-space arrangements are subject to approval by the aeronautical authorities of both Contracting Parties.
1. An airline designated by one Contracting Party shall file to the aeronautical authorities of the other Contracting Party for approval at least forty-five (45) days in advance the timetable of its intended services, specifying the frequency, type of aircraft, times, configuration and number of seats to be made available to the public and period of timetable validity. The same procedure shall apply to any modification thereof.
2. If a designated airline wishes to operate supplementary flights besides those covered in the timetables, it shall request permission from the aeronautical authorities of the other Contracting Party. Such request shall usually be submitted at least two working days before operating such flights.
1. The designated airline of one Contracting Party shall be allowed, on the basis of reciprocity, to bring into and to maintain in the area of the other Contracting Party their representative and commercial, technical and other specialist staff reasonably required for the operation of the agreed services.
2. The representative and staff shall be subject to the laws and regulations in force in the area of the other Contracting Party.
3. Subject to the laws and regulations in force in the respective area, the designated airlines of both Contracting Parties shall have the right to establish in the area of the other Contracting Party an office or offices for promotion of air transportation and sale of the air transportation services.
The aeronautical authorities of each Contracting Party shall provide or shall cause their designated airline to provide the aeronautical authorities of the other Contracting Party, upon request, periodic statements of statistics or other similar information related to traffic carried by the designated airline on the routes specified in this Agreement as may be reasonably required for the purpose of reviewing the operation of agreed services.
1. In the spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall have from time to time communication, which may be through discussion or by correspondence, to ensure close collaboration in all matters affecting the implementation of this Agreement.
2. Either Contracting Party may at any time request consultations on any problem related to this Agreement. Such consultations shall begin within a period of sixty (60) days from the date of the delivery of the request by the other Contracting Party, unless otherwise agreed by the Contracting Parties.
1. If either of the Contracting Parties considers it desirable to amend any provision of this Agreement, such amendment, if agreed between the Contracting Parties, shall come into force when confirmed by an exchange of correspondence. The date of exchange of correspondence will be the date of delivery of the latter of these two correspondence.
2. Amendments to the Annex of this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the date they have been agreed upon by the said authorities and enter into force when confirmed by an exchange of correspondence.
1. In case of dispute arising from the interpretation or application of this Agreement the aeronautical authorities of the Contracting Parties shall in the first place endeavour to settle it by negotiation.
2. If the aeronautical authorities fail to reach an agreement, the dispute shall be settled by negotiations between the Contracting Parties.
3. If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on, for an advisory opinion or a binding decision as the Contracting Parties may agree, or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators.
4. Such arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon and appoint a third member as their chairman. Such members shall be appointed within two months, and such chairman within three months of the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal.
5. If the periods specified in paragraph 4. above have not been observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the Council of the International Civil Aviation Organization (ICAO) to make the necessary appointments. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, or if he is otherwise prevented from discharging this function, the Vice-president deputizing for him should make the necessary appointments.
6. The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on the Contracting Parties. Each Contracting Party shall bear the cost of its own member as well as of its representation in the arbitral proceedings, the cost of the chairman and any other costs shall be borne in equal parts by the Contracting Parties. In all other respects the arbitral tribunal shall determine its own procedure.
This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization.
Either Contracting Party may at any time give notice in writing through appropriate channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case this Agreement shall terminate twelve (12) months after the date of acknowledgement of the delivery of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement between the Contracting Parties before the expiry of this period. In absence of acknowledgement of delivery by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the delivery of the notice to the International Civil Aviation Organization.
1. Each Contracting Party shall notify the other Contracting Party by correspondence that the legal formalities required for approval of this Agreement have been compiled with. This Agreement shall enter into force on the date of delivery of the latter of these two notifications.
2. This Agreement shall be applied provisionally from the date of its signature.
Done at Prague on this 25th day of September 2001 in two originals in the Chinese, Portuguese, Czech and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
|For the Government of
the Macao Special Administrative Region
of the People's Republic of China
| For the Government of
the Czech Republic
|Ao Man Long||Jaromir Schling|
|Secretary for Transports and
| Minister of Transport
Routes to be operated by the designated airline or airlines of the Czech Republic:
Points in the Czech Republic - intermediate points - Macao Special Administrative Region - beyond points
Routes to be operated by the designated airline or airlines of the Macao Special Administrative Region:
Macao Special Administrative Region - intermediate points - points in the Czech Republic - beyond points
1. The routes may be operated in either direction.
2. The designated airline may on any or all flights omit calling at any of the above mentioned points, provided that the agreed services on these routes begin at the point in the area of the Contracting Party designating the airline.
3. No points in inland of China, Taiwan and Hong Kong may be served either as intermediate points or beyond points.
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