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Protocol to amend the Air Transport Agreement between the Government of Canada and the Government of the Czechoslovak Socialist Republic [1989] CATSer 34 (27 December 1989)

E100235 - CTS 1989 No. 33

PROTOCOL TO AMEND THE AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC

The Government of Canada and the Government of the Czechoslovak Socialist Republic (hereinafter referred to as the Contracting Parties), desiring to amend the Air Transport Agreement signed at Prague on March 20, 1969,

Have agreed as follows:

ARTICLE I

Article 2 of the Agreement is amended as follows:

ARTICLE 2

1. Each Contracting Party grants to the other Contracting Party except as otherwise specified in the Annex the following rights for the conduct of international air services (hereinafter called "agreed services") by the airline designated by the other Contracting Party:

(a) to fly without landing across its territory;

(b) to land in its territory for non-traffic purposes; and

(c) to land in its territory for the purpose of taking up and discharging, while operating the routes specified in the Annex, international traffic in passengers and mail, separately or in combination.

2. The airlines of each Contracting Party, other than those designated under Article 3 of this Agreement, shall also enjoy the rights specified in paragraph 1 (a) and (b) of this article.

3. Nothing in paragraph 1 of this article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

ARTICLE II

Article 7 of the Agreement is amended by the addition of the following:

ARTICLE 7 bis

1. The Contracting Parties, reaffirming their grave concern about the security against the acts of unlawful interference with civil aviation, agree to act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and any other multilateral agreement governing aviation security binding upon the Contracting Parties.

2. 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.

3. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation 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.

4. Each Contracting Party agrees to observe the security provisions required by the other Contracting Party for entry into the territory of that other Contracting Party and to take adequate measures to protect aircraft and to inspect passengers, crew, their carry-on items as well as cargo and aircraft stores prior to and during boarding or loading.

5. Each Contracting Party shall give sympathetic consideration to any request from the other Contracting Party for special security measures for its aircraft and its passengers to meet a particular threat.

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.

7. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement will constitute grounds for the application of Article 5 of this Agreement.

ARTICLE III

This Protocol shall enter into force on the day it is signed.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Protocol.

DONE in duplicate at Prague, this 27th day 1989, in the English, French and Czech languages, each version being equally authentic.

Barry M. Mawhinney

FOR THE GOVERNMENT OF CANADA

Ing Frantisek Podlena

FOR THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC