LegalizeVerdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Mongolië inzake luchtdiensten
The Government of the Kingdom of the Netherlands
and
the Government of Mongolia, hereinafter referred to as the Contracting Parties,
Desiring to conclude an Agreement for the purpose of establishing and operating air services between and beyond their respective territories,
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
Have agreed as follows:
Article 1. Definitions
For the purpose of the present Agreement and its Annex, unless the context otherwise requires:
- a). “aeronautical authorities" means in the case of Mongolia, the Minister of Infrastructure Development and in the case of the Kingdom of the Netherlands the Minister of Transport, Public Works and Watermanagement; or, in either case, any person or body authorized to perform any functions on Civil Aviation at present exercised by the said authorities;
- b). “Agreement" means this Agreement, its Annex and any amendments thereto;
- c). “the 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 made to the Convention or its Annexes under Article 90 and 94 thereof so far as these Annexes and amendments have been effective for both Contracting Parties;
- d). “territory" has the meaning assigned to it in Article 2 of the Convention;
- e). “air services", “international air service", “airline" and “stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention;
- f). “designated airline" means an airline designated and authorised in accordance with Article 3 of the present Agreement;
- g). “specified route" means the routes specified in the Annex to the present Agreement;
- h). “agreed services" means the air services operated on the specified routes;
- i). the term “stores" means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;
- j). 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. Grant of Rights
Each Contracting Party grants to the other Contracting Party the privileges specified in the present Agreement to enable its designated airlines to establish and operate the agreed services.
The airlines of each Contracting Party shall enjoy the following privileges in respect of their international air services;
- a). to fly across the territory of the other Contracting Party without landing; and,
- b). to make stops in the territory of the other Contracting Party for non-traffic purposes.
Subject to the provisions of the present Agreement, the designated airlines of each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the privilege to make stops in the territory of the other Contracting Party at the points specified for that route in the Annex for the purposes of discharging and of taking on international traffic in passengers, cargo and mail, separately or in combination.
Nothing in paragraph 3 of this Article shall be deemed to confer on the designated airlines of one Contracting Party the privilege of taking on, 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 3. Designation and Authorisation
Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the operation of the agreed services on the specified routes.
On receipt of such designation the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant the appropriate operating authorisation without delay to the designated airline or airlines concerned.
One Contracting Party may require the designated airlines of the other Contracting Party to satisfy them that they are qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied by such authorities to the operation of international air services.
Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph 2 of this Article, or to impose such conditions as they may deem necessary on the exercise by the designated airlines of privileges specified in Article 2 of the present Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of those airlines are vested in the Contracting Party designating the airlines and/or in its nationals.
The airlines designated and authorised in accordance with provisions of paragraphs 1 and 2 of this Article may begin at any time to operate the agreed services, provided that the airlines comply with the applicable provisions of the present Agreement.
Article 4. Revocation and Suspension of Authorization
Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the privileges specified in paragraphs 2 and 3 of Article 2 of the present Agreement by the designated airlines of the other Contracting Party, or to impose such conditions as they may deem necessary on the exercise of these privileges:
- a). in any case where they are not satisfied that substantial ownership and effective control of those airlines are vested in the Contracting Party designating the airlines and/or in its nationals; or
- b). in case of failure by those airlines to comply with the laws or regulations of the Contracting Party granting those privileges; or
- c). in case the airlines otherwise fail to comply with provisions of the present Agreement.
Unless immediate revocation, suspension or imposition of the conditions prescribed in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such rights shall be exercised only after consultation with the Aeronautical Authorities of the other Contracting Party, in conformity with the provisions laid down in Article 14.
Article 5. Application of Laws, Regulations and Procedures
The laws, regulations and procedures of one Contracting Party governing entry into or departure from its territory of an aircraft engaged in international air services, or relating to the operation and navigation of such aircraft while within its territory, shall be complied with by the airline or airlines of the other Contracting Party.
The laws, regulations and procedures of one Contracting Party governing entry into, stay in or departure from its territory of passengers, crew, cargo and mail, such as formalities relating to entry, exit, emigration and immigration, passports, customs, currency, and quarantine shall be applied to the passengers, crew, cargo and mail carried by the designated airlines of the other Contracting Party.
Passengers, baggage and cargo in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall only be subject to a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar charges.
Fees and charges applied in the territory of either Contracting Party to the airline operations of the other Contracting Party for the use of airports and other aviation facilities in the territory of the first Contracting Party, shall not be higher than those applied to the operations of any other airline engaged in similar operations.
Neither of the Contracting Parties shall give preference to any other airline over the designated airline of the other Contracting Party in the application of its customs, immigration, quarantine, and similar regulations; or in the use of airports, airways and air traffic services and associated facilities under its control.
Article 6. Airline Representation
Each Contracting Party grants to the designated airlines of the other Contracting Party the right to establish representative offices in its territory. Those representative offices may include managerial, commercial, operational and technical staff.
The representative offices and their staff shall be established in accordance with the laws and regulations in force in the territory of that other Contracting Party.
Each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion, through its agents.
Article 7. Timetable
The airline designated by one Contracting Party shall notify the Aeronautical Authorities of the other Contracting Party, forty-five (45) days in advance, of 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 8. Recognition of Certificates and Licences (Safety)
Certificates of airworthiness, certificates of competency and licences, issued or validated by one Contracting Party and still in force, shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services on the routes specified in the Annex provided that such certificates or licences were issued or validated pursuant to, and in conformity with, the standards established under the Convention. Each Contracting Party shall have the right, however, to refuse to recognise, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
Article 9. Fair Competition and Capacity
The designated airline or airlines of the Contracting Parties shall have a fair and equal opportunity to operate the agreed services covered by the present 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 airlines of the other Contracting Party.
Article 10. Tariffs
Each Contracting Party shall allow tariffs for air transportation to be established by each designated airline based upon commercial consideration in the marketplace. Intervention by the Contracting Parties shall be limited to:
- a). prevention of predatory or discriminatory prices or practices;
- b). protection of consumers from tariffs that are unduly high or restrictive because of the abuse of a dominant position; and
- c). protection of airlines from tariffs that are artificially low because of direct or indirect governmental subsidy or support.
Each Contracting Party may require notification to or filing with its Aeronautical Authorities of tariffs proposed to be charged to or from its territory by airlines of the other Contracting Party. Notification or filing by the airlines of both Contracting Parties may be required no more than sixty (60) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required.
If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. If the agreement between the Aeronautical authorities cannot be reached, the dispute shall be settled in accordance with the provisions of Article 15 of the present Agreement.
Article 11. 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 promotional 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 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 that 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.
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 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 12. Transfer of Funds
The designated airlines of the Contracting parties shall be free to transfer from the territory of sale 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 supplemental 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. Aviation Security
Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligations to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of the present Agreement. Without limiting the generality of their rights and obligations under international law, 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, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.
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.