2. člen BCZRZP

Sporazum se v izvirniku v angleškem in prevodu v slovenskem jeziku glasi: The Government of the Republic of Slovenia and the Government of the Czech Republic, hereinafter referred to as Contracting Parties; Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and Desiring to conclude an agreement for the purpose of developing air services between their respective territories, Have agreed as follows: For the purpose of this Agreement, unless the context otherwise requires: (a) the term “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 of the Convention under Article 90 and 94 so far as those Annexes and amendments have been adopted by both Contracting Parties; (b) the term “aeronautical authorities” means in the case of the Republic of Slovenia, the Ministry of Transport and Communications, 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; (c) the term “designated airline” means an airline which one Contracting Party has designated in accordance with Article 3 of this Agreement for the operation of the agreed air services; (d) the terms “territory”, “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention; (e) the term “capacity” in relation to agreed services means the 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 “tariff” means the prices or charges to be paid for the carriage of passengers, baggage and cargo (excluding remunerations 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; (g) the term “Annex” means the Annex to this Agreement or as amended in accordance with the provisions of Article 18 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 territory of the other Contracting Party; (b) to make stops in the territory of the other Contracting Party for non-traffic purposes; (c) to embark and disembark in the territory 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 territory of the first Contracting Party; and (d) to embark and disembark in the territory of the third countries at the points specified in the Annex passengers, baggage and cargo including mail, separately or in combination, destined for or coming from points in the territory of the other Contracting Party, specified in the Annex.

(3)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 up, in the territory of the other Contracting Party, passengers, baggage and cargo including mail carried for remuneration or hire and destined for another point in the territory 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 and to withdraw the designation of any airline or to substitute with another airline the one previously designated. Such designation shall be effected by virtue of written notification between the aeronautical authorities of both Contracting Parties.

(2)The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraph

(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)Aeronautical authorities of each Contracting Party shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorization referred to in paragraph

(2)of this Article, or to impose such conditions as it may deem necessary for the exercise of the ritghts specified in Article 2 of this Agreement, whenever the Contracting Party has no proof that a substantial ownership and effective control of that airline are vested in the other Contracting Party or its nationals.

(5)When an airline has been designated and authorized in accordance with this Article, it may start to 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 13 and 15 of this Agreement are in force in respect of these services.

(1)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, if the said airline: (a) cannot prove that a substantial ownership and effective control are vested in the Contracting Party designating the airline or its nationals; or (b) fails to comply with or has infringed the laws and regulations of the Contracting Party granting these rights; or (c) fails to operate the agreed services in accordance with the conditions prescribed by 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 thirty

(30)days from the date of request made by either aeronautical authorities.

(1)The laws, regulations and procedures of one Contracting Party governing entry into and departure from its territory of aircraft engaged in international air navigation or flights of such aircraft over that territory, shall apply to the designated airlines of the other Contracting Party.

(2)The laws, regulations and procedures of one Contracting Party relating to admission to, stay in, transit through, or departure from its territory of passengers, crews, baggage, and cargo including mail, such as laws, regulations and procedures relating to entry, exit, immigratioin, travel documents, customs, currency and health or sanitary measures, shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline of the other Contracting Party upon entry into or departure from or while within the territory of the said Contracting Party.

(3)Neither Contracting Party may grant any preference to its own airline with regard to the designated airlines of the other Contracting Party in the application of the laws, regulations and procedures provided for in this Article.

(1)Consistent with their rights and obligations under international law, 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 Offenses 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 and its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on February 24, 1988 and any other multilateral agreement governing aviation security binding upon both Contracting Parties.

(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 territory and the operators of airports in their territory 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 territory of that other Contracting Party.

(6)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.

(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 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.

(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 competent authorities of the Contracting Parties shall consult with each other.

(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 Party 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, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party or by the other State.

(1)Each Contracting Party shall on the basis of reciprocity exempt the designated airline of the other Contracting Party from import restrictions, customs duties, inspection fees and other national and local duties and taxes 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 pasengers 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 way bills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed free of charge by that designated airline.

(2)Exempt from the same duties and taxes, with exception of charges corresponding to the services rendered, shall also be: (a) aircraft stores taken on board in the territory of one Contracting Party, within the limits fixed by the authorities of the said Contracting Party, and intended for use on board an aircraft operated in an international service by a designated airline of the other Contracting Party; (b) spare parts and regular board equipment imported into the territory of one Contracting Party for the maintenance or repair of aircraft operated in international services; (c) fuel and lubricants destined for a designated airline of one Contracting Party to supply aircraft operated in international services, even when these supplies are to be used on any part of a journey performed over the territory of the Contracting Party in which they have been taken on board.

(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 territory of the other Contracting Party only with the approval of the customs authorities of that territory. 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 be available in situations where a designated airline of either Contracting Party has entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Contracting Party in respect of aircraft, its spare parts, fuel and lubricants and consumable technical supplies, provided such other airline or airlines similarly enjoy such exemptions from the other Contracting Party.

(1)The charges imposed in the territory 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 national 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. Passengers in direct transit across the territory 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 7 of this Agreement and prevention of trafficking of narcotic drugs and substances, to no more than a simplified control. Baggage and freight in direct transit shall be exempt from customs duties and other charges.

(1)The designated airlines of one Contracting Party shall be permitted to maintain adequate representations in the territory of the other Contracting Party. These representations may include commercial, operational and technical staff, which may consist of transferred or locally engaged personnel. The above mentioned staff shall be subject to the laws and regulations in force in the territory of the other Contracting Party.

(2)In accordance with the respective national laws and regulations the designated airline of one Contracting Party shall be free to sell air transport services in the territory of the other 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 territory. Each designated airline shall have the right to convert and remit to its country, in accordance with the foreign exchange regulations in force receipts in excess of sums locally disbursed in due proportion to the carriage of passengers, baggage, cargo and mail. The transfer shall be made at actual foreign exchange market rate applicable on the day the transfer is made. The transfer shall not be subject to any charges except normal service charges collected by banks for such transactions.

(1)The tariffs to be applied by the designated airline to any transportation to and from the territory of the other Contracting Party 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), reasonable profit, tariffs of other airlines and other commercial consideration in the market place. The Contracting Parties shall consider unacceptable tariffs that are unreasonably discriminatory, undly high or restrictive because of the abuse of a dominant position, or artificially low because of direct or indirect subsidy or support, or are unjustified or of dumping character.

(2)The tariffs referred to in paragraph

(1)of this Article shall, if possible, be established by mutual agreement by the designated airlines of both Contracting Parties and after consultation with the other airlines operating over the whole or part of the same route. The designated airlines shall, whenever possible, reach such agreement through the rate fixing procedure established by the international body which formulates proposals in this matter.

(3)The tariffs so agreed shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least forty five

(45)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. If within thirty

(30)days after the submission of the tariffs neither of the aeronautical authorities notifies to the other aeronautical authorities its disapproval, these tariffs shall be considered approved.

(4)Pending a decision by the aeronautical authorities of the Contracting Parties, designated airlines may undertake marketing, advertising and sales at the proposed tariffs for carriage to be commenced on or after the proposed date of effectiveness, provided that they are qualified as being »subject to government approval«. Under no circumstances are advertising or sales to be undertaken prior to filing the proposed tariffs with aeronautical authorities of both Contracting Parties.

(5)If the designated airlines cannot agree or if a tariff is not approved by the aeronautical authorities of one Contracting Party, the aeronautical authorities of both Contracting Parties shall endeavor to determine the tariff by mutual agreement. Such negotiations shall begin within thirty

(30)days from the date when it becomes obvious that the designated airlines cannot agree upon a tariff or the aeronautical authorities of one Contracting Party have notified to the aeronautical authorities of the other Contracting Party their disapproval of a tariff.

(6)In default of agreement the dispute shall be submitted to the procedure provided for in Article 19 hereinafter.

(7)A tariff already established shall remain in force until a new tariff has been established in accordance with the provisions of this Article or Article 19 of the present Agreement, but not longer than twelve

(12)months from the day of the disapproval of the aeronautical authorities of one of the Contracting Parties.

(8)The aeronautical authorities of each Contracting Party shall have the right to investigate violations of tariffs and sales conditions commited by any airline.

(1)The capacity to be provided on the agreed services by the designated airlines shall be approved by the aeronautical authorities of both Contracting Parties on the basis of the principle of fair and equal opportunity.

(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 territory 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 in the territories of States, other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to: (a) traffic requirements to and from the territory 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.

(4)Neither Contracting Party shall unilaterally restrict the operations of the designated airlines of the other Contracting Party, except according to the terms of this Agreement or by such uniform conditions as may be contemplated by the Convention.

(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 for any modification thereof.

(2)For supplementary flights which a designated airline of one Contracting Party wishes to operate on the agreed services outside the approved timetable it has to request prior 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. The aeronautical authorities of both Contracting Parties shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the 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 the implementation, interpretation, application or amendment 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 consider it desirable to amend any provision of this Agreement, such amendment, if agreed between the Contracting Parties, shall be applied provisionally from the date of its signature and shall come into force when confirmed by an exchange of diplomatic notes. The date of exchange of notes will be the date of delivery of the latter of these two notes.

(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 diplomatic notes.

(3)In an event a general multilateral convention related to international air transport and affecting the relations between the two Contracting Parties enters into force, this Agreement shall be amended to conform with the provisions of such multilateral convention in so far as those provisions have been accepted by both Contracting Parties.

(1)In case of a dispute arising from the interpretation or application of this Agreement, the aeronautical authorities of the Contracting Parties shall in the first place endeavor 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 dispute cannot be settled in accordance with paragraph

(2)above, each Contracting Party may submit the dispute to an arbitral tribunal.

(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 national of a third State as the chairman. Such members shall be appointed within two months, and such chairman within three months from 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 arrangment, invite the President of the Council of the International Civil Aviation Organization (ICAO) to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging this function, the Vice-president deputizing for him may be requested to 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.

(1)Each Contracting Party may at any time give notice in writing through diplomatic 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.

(2)This Agreement shall terminate at the end of a timetable period during which twelve

(12)months after the date of the date of the delivery of the notice have elapsed, unless the notice is withdrawn by mutual agreement before the expiry of this period.

(3)In absence of acknowledgement of delivery by the other Contracting Party, the notice shall be deemed to have been delivered fourteen

(14)days after the date on which the International Civil Aviation Organization has received communication thereof.

(1)This agreement shall be applied provisionally from the date of its signature. Each Contracting Party shall notify the other Contracting Party by diplomatic note that the formalities constitutionally required in their respective country for entry into force of this Agreement have been complied with. This Agreement shall then enter into force on the date of delivery of the latter of these two notifications.

(2)As soon as this Agreement comes into force, the Air Transport Agreement between the Federal People’s Republic of Yugoslavia and the Czechoslovak Republic, signed in Belgrade on February 28, 1956 and Agreement between the Federal Secretariat for Transport and Communications of the Socialist Federal Republic of Yugoslavia and Civil Aviation Administration of the Ministry of Transport of the Czechoslovak Socialist Republic, signed in Belgrade on June 29, 1963 shall be terminated in respect of the Republic of Slovenia and the Czech Republic. Done at Helsinki this 24th day of June, 1997 in two originals in the English language. For the Government of the Republic of Slovenia Anton Bergauer (s) For the Government of the Czech Republic Martin Řiman (s) S e c t i o n I Routes to be operated by the designated airlines of the Republic of Slovenia: text="Points of origin in the Republic of Slovenia: all international airports Points of destination in the Czech Republic: all international airports" The intermediate points and points beyond are to be specified later by agreement between the aeronautical authorities of both Contracting Parties. S e c t i o n II Routes to be operated by the designated airlines of the Czech Republic: text="Points of origin in the Czech Republic: all international airports Points of destination in the Republic of Slovenia: all international airports" The intermediate points and points beyond are to be specified later by agreement between the aeronautical authorities of both Contracting Parties. Notes: 1. Intermediate points and points beyond on any of the specified routes may, at the option of the designated airlines, be omitted on any or all flights. 2. Each designated airline may terminate any of its agreed services in the territory of the other Contracting Party. 3. Each designated airline may serve intermediate points and points beyond, not specified in the Annex of the present Agreement, on condition that no traffic rights are exercised between these points and the territory of the other Contracting Party. 4. The exercise of the fifth freedom traffic rights is subject to agreement between the aeronautical authorities of both Contracting Parties. Vlada Republike Slovenije in Vlada Češke republike, v nadaljevanju imenovani pogodbenici, ki sta pogodbenici Konvencije o mednarodnem civilnem letalstvu, ki je bila odprta za podpis v Chicagu 7. decembra 1944, v želji, da skleneta sporazum, katerega cilj je razvoj zračnega prometa med njunima ozemljema, sta se dogovorili o naslednjem: