LegalizeVerdrag tussen het Koninkrijk der Nederlanden en de Slowaakse Republiek inzake luchtdiensten
The Government of the Kingdom of the Netherlands and the Government of the Slovak Republic,
being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944,
desiring to contribute to the progress of international civil aviation,
desiring to conclude an agreement for the purpose of establishing air services between and beyond their respective territories,
have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement and its Annex, unless the context otherwise requires:
- a). the term "the Convention" means 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 the Convention under Articles 90 and 94 thereof, in so far as those Annexes and amendments have become effective for, or been ratified by both Contracting Parties,
- b). the term "aeronautical authorities" means: for the Slovak Republic the Ministry of Transport, Communications and Public Works, for the Kingdom of the Netherlands the Minister of Transport, Public Works and Water Management, or in either case any person or body authorized to perform any functions at present exercised by the said Ministry or Minister as appropriate,
- c). the term "designated airline" means an airline which has been designated and authorized in accordance with Article 3 of this Agreement,
- d). the term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention,
- e). the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention,
- f). the terms "agreed service" and "specified route" mean international air service pursuant to Article 2 of this Agreement and the route specified in the appropriate Section of the Annex to this Agreement respectively,
- g). the term "stores" means articles of a readily consumable nature for use or sale on board an aircraft, including commissary supplies during flight,
- h). the term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex according to Article 16 of this Agreement,
- i). the term "tariff" means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:
- I. the conditions governing the availability and applicability of a tariff, and
- II. the charges and conditions for any services ancillary to such carriage which are offered by airlines,
- j). the term "Computer Reservation System" (CRS) means a computerized system containing information about airline schedules, seat availability, fares and related services, through which reservations can be made and/or tickets can be issued and sold and which makes some or all of these facilities available to travel agents.
Article 2. Grant of Rights
Each Contracting Party grants to the other Contracting Party except as otherwise specified in the Annex the following righs for the conduct of international air transportation by the designated airline of the other Contracting Party:
- a). the right to fly across its territory without landing,
- b). the right to make stops in its territory for non-traffic purposes, and
- c). while operating an agreed service on a specified route, the right to make stops in its territory for the purpose of taking up and discharging international traffic in passengers, cargo and mail, separately or in combination.
Nothing in paragraph 1 of this Article shall be deemed to grant the right for one Contracting Party's airline to participate in air transportation between points in the territory of the other Contracting Party.
Article 3. Designation and Authorization
Each Contracting Party shall have the right by written notification through diplomatic channels to the other Contracting Party to designate an airline to operate air services on the routes specified in the Annex and to substitute another airline for an airline previously designated.
On receipt of such notification, each Contracting Party shall, without delay, grant to the airline so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article.
Upon receipt of the operating authorization of paragraph 2 of this Article the designated airline may at any time begin to operate the agreed services, in part or in whole, provided that it complies with the provisions of this Agreement and that tariffs for such services have been established in accordance with the provisions of Article 5 of this Agreement.
Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article, or to grant this authorization under conditions that may be deemed necessary on the exercise by the designated airline of the rights specified in Article 2 of this Agreement, if it is not satisfied that substantial ownership and effective control of this airline are vested in the Contracting Party designating it or in its nationals or in both.
Article 4. Revocation and Suspension of Authorization
The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 3 with respect to the airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose conditions:
- a). in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations normally and reasonably applied by these authorities in conformity with the Convention,
- b). in the event of failure by such airline to comply with the laws and regulations of that Contracting Party,
- c). in the event that they are not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or in its nationals, and
- d). in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
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 Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
Article 5. Tariffs
The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their territories shall be those approved by the aeronautical authorities of both Contracting Parties and 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 for any part of the specified route.
Tariffs referred to in paragraph 1 of this Article shall, whenever possible, be agreed by the designated airlines through the use of the procedures of the International Air Transport Association for the fixation of tariffs. When this is not possible the tariffs shall be agreed between the designated airlines. In any case the tariffs shall be subject to the approval of the aeronautical authorities of both Contracting Parties.
All tariffs so agreed shall be submitted for approval of the aeronautical authorities of both Contracting Parties at least sixty (60) days before the proposed date of their introduction, except where the said authorities agree to reduce this period in special cases.
Approval of tariffs may be given expressly, or, if neither of the aeronautical authorities has expressed disapproval within thirty (30) days of the date of submission, in accordance with paragraph 3 of this Article, the tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 3 of this Article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be reduced accordingly.
If a tariff cannot be agreed in accordance with paragraph 2 of this Article, or if, during the period applicable in accordance with paragraph 4 of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement.
If the aeronautical authorities cannot agree on a tariff submitted to them under paragraph 3 of this Article, or on the determination of a tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.
Tariffs established in accordance with provisions of this Article shall remain in force until new tariffs have been established.
The designated airlines of both Contracting Parties may not charge tariffs different from those which have been approved in conformity with the provisions of this Article.
Article 6. Commercial Activities
The designated airlines of both Contracting Parties shall be allowed:
- a). to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of transportation documents as well as other facilities required for the provision of air transportation,
- b). in the territory of the other Contracting Party, on the basis of reciprocity, to be engaged directly and, at that airline's discretion, through its agents in the sale of air transportation.
The designated airline of one Contracting Party shall be allowed to bring in and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation.
These staff requirements may, at the option of the designated airline, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.
The above activities shall be carried out in accordance with the laws and regulations of the other Contracting Party.
Article 7. Fair Competition
There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to participate in the international air transportation covered by this Agreement.
Each Contracting Party shall take all appropriate actions within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the airline of the other Contracting Party.
The designated airline of one Contracting Party shall, when operating on a specified route, take into due consideration the interests of the designated airline of the other Contracting Party, when operating on the same route. In particular, the prime objective should be to cater for the current and expected traffic requirements regarding the carriage of passengers, cargo and/or mail on the specified routes.
Article 8. Timetable
The airline designated by each Contracting Party shall notify for approval to the aeronautical authorities of the other Contracting Party, at least forty-five (45) days in advance, the timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public.
Requests for permission to operate additional flights can be submitted by the designated airline for approval directly to the aeronautical authorities of the other Contracting Party.
Article 9. Taxes, Customs and Charges
Aircraft operating on international air services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores (including food, beverages and tobacco) on board as well as advertising and promotion material kept on board such aircraft shall be exempt from all customs duties, inspection fees and similar national or local duties and charges, on arrival in the territory of the Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.
With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use on board aircraft while operating international services, no duties and charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party, shall be applied, even when these supplies are to be used on the parts of the journey performed over the territory of the Contracting Party in which they are taken on board. The articles referred to above may be required to be kept under customs supervision and control.
The provisions of this paragraph cannot be interpreted in such a way that a Contracting Party can be made subject to the obligation to refund customs duties to the designated airline which already have been levied on the items referred to above.
Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores retained on board the aircraft 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 Contracting Party, who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
Article 10. Double Taxation
The Contracting Parties shall act in conformity with the provisions of the Convention between the Czechoslovak Socialist Republic and the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, which was signed at Prague on 4 March 1974.
Article 11. Transfer of Funds
The designated airline of one Contracting Party shall be free to sell air transport services in the territories of the other Contracting Party, either directly or through agents.
The designated airline of the Contracting Parties shall be free to transfer from the territory of sale, according to the foreign exchange regulations in force in that territory, to their home territory the excess, in the territory of sale, of receipts over expenditure. Included in such net transfer shall be revenues from sales, made directly or through agents, of air transport services, and ancillary or supplementary services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.
The designated airline of the Contracting Parties shall receive approval for such transfer within at most thirty (30) days of application, into a freely convertible currency, at the official rate of exchange for conversion of local currency, as at the date of filing the application for approval. On receipt of approval the actual transfer shall be executed without delay.
Article 12. Application of Laws, Regulations and Procedures
The laws, regulations and procedures of either 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, shall be complied with by the designated airline of the other Contracting Party upon its entrance into, and until and including its departure from, the said territory.
De raadpleging van dit document komt niet in de plaats van het lezen van het oorspronkelijke Staatsblad of de Staatscourant. Wij aanvaarden geen aansprakelijkheid voor eventuele onnauwkeurigheden die voortvloeien uit de omzetting van het origineel naar dit formaat.