Verdrag tussen het Koninkrijk der Nederlanden en Macao inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Type Verdrag

Publication 1995-09-25

State In force

Source BWB

The Government of the Kingdom of the Netherlands,

and

the Government of Macau, duly authorized by the competent sovereign institution of the Portuguese Republic and with the consent of the Government of the People's Republic of China,

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 Macau and the Netherlands, have agreed as follows:

Article 1. Definitions

For the purpose of this Agreement and its Annex, unless the context otherwise requires:

a). the term "aeronautical authorities" means: for the Kingdom of the Netherlands the Minister of Transport, Public Works and Watermanagement; for Macau, the Civil Aviation Authority; or in either case any person or body authorized to perform any functions at present exercised by the said authorities;

b). the term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;

c). the term "area" in relation to Macau includes the Macau Peninsula and the Taipa and Coloane Islands and in relation to the Kingdom of the Netherlands 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;

d). 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 said Convention;

e). the terms "agreed service" and "specified route" mean international air service pursuant to Article 3 of this Agreement and the route specified in the appropriate Section of the Annex to this Agreement respectively;

f). the term "stores" means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;

g). the term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;

h). 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.

Article 2. Provisions of the Chicago Convention Applicable to International Air Services

In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including the Annexes and any amendments to the Convention or to its Annexes, insofar as these provisions are applicable to international air services.

Article 3. Grant of Rights

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 by the designated airline of the other Contracting Party:

a). the right to fly across its area without landing;

b). the right to make stops in its area for non-traffic purposes; and

c). while operating an agreed service on a specified route, the right to make stops in its area 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 confer to the designated airline of one Contracting Party the right to provide air services between points in the area of the other Contracting Party.

Article 4. Designation and Authorization

Each Contracting Party shall have the right to designate by written notification to the other Contracting Party 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 thus designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article.

Upon receipt of the operating authorization referred to in 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 6 of this Agreement.

Article 5. Revocation and Suspension of Authorisation

Each Contracting Party shall have the right to withhold the authorizations referred to in Article 4 with respect to an 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 referred to in Article 2;

b). in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;

(i). in the case of Macau, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Government of the Kingdom of the Netherlands or its nationals or in both;

(ii). in the case of the Kingdom of the Netherlands, in any case where it is not satisfied that that airline is incorporated and has its principle place of business in Macau.

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 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 6. Tariffs

The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their areas 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 by means 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 thus agreed shall be submitted for approval to 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 the 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 7. Commercial Activities

The designated airlines of both Contracting Parties shall be allowed:

a). to establish in the area of the other Contracting Party offices for the promotion of air transportation and sale of air transportation (including the issuance of air tickets and air waybills) as well as other facilities required for the provision of air transportation;

b). in the area of the other Contracting Party to engage directly and, at the airline's discretion, through its agents in the sale of air transportation.

The designated airline of one Contracting Party shall be allowed, to bring into and maintain in the area of the other Contracting Party its managerial, commercial, operational and technical staff, 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 area of the other Contracting Party provided that they are authorized to perform such services (including handling for other airlines) in the area of that Contracting Party.

The above activities shall be carried out in compliance with the laws and regulations of the other Contracting Party.

Article 8. Fair Competition

There shall be fair and equal opportunity for the designated airlines of both Parties to participate in the international air services covered by this Agreement.

Each Contracting Party shall take all appropriate action 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.

Article 9. Timetable

The airline designated by each Contracting Party shall present to the aeronautical authorities of the other Contracting Party, forty five (45) days in advance the timetable for 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 may be submitted for approval by the designated airline directly to the aeronautical authorities of the other Contracting Party.

Article 10. Taxes, Customs and Charges

Aircraft operating on international air services by the designated airline of either Contracting Party, as well as any regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores (including food, beverages and tobacco) on board as well as advertising and promotional material kept on board such aircraft shall be exempt from all customs duties, inspection fees and similar duties and charges, on arrival in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft until such time as they are re-exported.

With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores brought into the area of one Contracting Party by or on behalf of a 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 area 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 area of the Contracting Party in which they are taken on board. The items referred to above may be required to be kept under customs supervision and control.

The provisions of this paragraph may not be interpreted in such a way that a Contracting Party can be made subject to the obligation to refund customs duties which have already been levied on the items referred to above.

Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores kept on board the aircraft of either Contracting Party may be unloaded on the area of the other Contracting Party only with the approval of the customs authorities of that Party, who may require that these items be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Article 11. Double Taxation

Income and profits from the operation of aircraft in international traffic shall be taxable only in the area in which the place of effective management of the enterprise is situated.

Gains from the alienation of aircraft operated in international traffic shall be taxable only in the area in which the place of effective management of the enterprise is situated.

Capital represented by aircraft operated in international traffic and by movable property pertaining to the operation of such aircraft shall be taxable only in the area in which the place of effective management of the enterprise is situated.

The provisions of paragraph 1 of this Article shall also apply to income and profits from the participation in a pool, a joint business or an international operating agency.

Article 12. Transfer of Funds

The designated airlines of the Contracting Parties shall be free to sell air transport services in the areas of both the Contracting Parties, either directly or through an agent, in any currency.

The designated airlines of the Contracting Parties shall be free to transfer from the areas of sale to their home area the excess, in the area 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 airlines 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 sale.

The designated airlines of the Contracting Parties shall be free to effect the actual transfer on receipt of approval.

Article 13. Application of Laws, Regulations and Procedures

The laws, regulations and procedures of either 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 shall be complied with by the designated airline of the other Contracting Party upon its entry into, and until and including its departure from the said area.

The laws, regulations and procedures of either Contracting Party relating to immigration, passports, or other approved travel documents, entry, clearance, customs and quarantine shall be complied with by or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline of the other Contracting Party upon their entry into, and until and including their departure from the area of the said Contracting Party.

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.