LegalizeVerdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Nepal inzake luchtdiensten
The Kingdom of the Netherlands
and
His Majesty's Government of Nepal, hereinafter referred to as the “Contracting Parties";
Being Parties to the Convention on International Civil Aviation and the International Air Services Transit Agreement opened for signature at Chicago on the 7th day of December 1944, and
Desiring to promote their mutual relations in the field of civil aviation and 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, unless the context otherwise requires, the term:
- a). “Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any Annexes adopted under Article 90 of the Convention and any amendment of the Annexes or the Convention under Article 90 and 94 thereof so far as those Annexes and amendments have become effective for or been ratified by both Contracting Parties;
- b). “Aeronautical Authorities" means in the case of Nepal, the Director General of the Department of Civil Aviation, and in the case of the Netherlands, The Minister of Transport, Public Works and Water Management of the Netherlands, or, in both cases, any authority or person empowered to perform the functions presently exercised by the said authorities;
- c). “Designated Airline" means an airline which has been designated and authorized in accordance with Article 5 of this Agreement;
- d). “Territory" has the meaning assigned to it in Article 2 of the Convention;
- e). “Air Service", “international air service", “airline" and “stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention;
- f). “Tariffs" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other ancillary services, but excluding remuneration and conditions for the carriage of mail;
- g). “Route Schedule" means the schedule of routes annexed to this Agreement and any amendments thereto as agreed in accordance with the provisions of Articles 19 of this Agreement. The route schedule shall form an integral part of this Agreement;
- h). “Agreement" means this Agreement, its Annexes drawn up in application thereof, and any amendments thereto;
- i). “Laws and Regulations" of a Contracting Party means the laws and regulations at any time in force of that Contracting Party;
- j). “Change of Aircraft" means the operation of one of the agreed services by a designated airline in such a way that one of more sectors of the route are flown by aircraft different in capacity from those used on another sector;
- k). “Computer Reservation System" (CRS) means a computerized system containing information about airline schedules, seat availability, fares and related services and through which reservations can be made and/or tickets can be issued and which makes some or all of these facilities available to travel agents.
Article 2. Applicability of the Chicago Convention
The provisions of the Agreement shall be subject to the provisions of the Convention on International Civil Aviation insofar as those provisions are applicable to international air services.
Article 3. Grant of Rights
Each Contracting Party grants to the other Contracting Party the following rights for the purpose of operating international air services by the airline designated by the other Contracting Party:
- a). to fly across its territory without landing;
- b). to make stops in said territory for non-traffic purposes.
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the appropriate Section of the Schedule annexed to this Agreement. Such services and routes are hereafter called “the agreed services" and “the specified routes" respectively.
While operating agreed services on a specified route the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this Article the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Schedule of this Agreement for the purpose of taking on board and discharging passengers and cargo including mail, in combination or separately.
Nothing contained in paragraph 2 of this Article shall be deemed to confer on the airline of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers and cargo including mail carried for hire or reward and destined for another point in the territory of the other Contracting Party.
If because of armed conflict, political disturbances or developments or special and unusual circumstances a designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of routes.
Article 4. Change of Aircraft
Each designated airline may on any or all flights on the agreed services and at its option, change aircraft in the territory of the other Contracting Party or at any point along the specified routes, provided that:
- a). aircraft used beyond the point of change of aircraft shall be scheduled in coincidence with the inbound or outbound aircraft, as the case may be;
- b). in the case of change of aircraft in the territory of the other Contracting Party and when more than one aircraft is operated beyond the point of change, not more than one such aircraft may be of equal size and none may be larger than the aircraft used on the third and fourth freedom sector.
For the purpose of change of aircraft operations, a designated airline may use its own equipment and, subject to national regulations, leased equipment, and may operate under commercial arrangements with another airline.
Article 5. Designation of and Authorization of Airlines
Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes and to withdraw or alter such designations.
On receipt of such designation the Aeronautical Authorities of the other Contracting Party shall, subject to the provisions of paragraph 3 and 4 of this Article, without delay grant to the airline so designated the appropriate authorizations to operate the agreed services.
The Aeronautical Authorities of the other Contracting Party shall, subject to the provisions of this paragraph and paragraph 1 of Article 5, without delay, grant to the airline designated by the other Contracting Party the appropriate operating authorizations.
Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph 2 of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 3 of this Agreement, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
Upon receipt of such authorizations pursuant to paragraph 2 above the designated airline may begin at any time to operate agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement.
Article 6. Revocation or Suspension of Operating Authorizations
The Aeronautical Authorities of each Contracting Party shall have the right to revoke an operating authorization or to withhold the authorization referred to in Article 5 of this Agreement with respect to an airline designated by the other Contracting Party, or 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 the case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
Unless immediate action is essential to prevent 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 in conformity with Article 19 of this Agreement.
Article 7. Principles Governing Operation of Agreed Services
There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.
In operating the agreed services the designated airline of each Contracting Party shall take into account the interests of the designated airline 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.
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.
The capacity to be provided on the specified routes shall be such as is from time to time jointly determined by the Aeronautical Authorities of both Contracting Parties.
Article 8. Tariffs
The tariffs to be charged by the designated airlinesfor carriage between the territory of the two Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors, including the interests of users, cost of operation, reasonable profit and market considerations.
The tariffs referred to in paragraph 1 of this Article may be agreed by the designated airlines of both Contracting Parties.
Each tariff agreed by the airlines or, if they do not wish to or cannot agree, each tariff which a designated airline wishes to charge shall be submitted for the approval of the Aeronautical Authorities of both Contracting Parties at least sixty (60) days (or such shorter period as the Aeronautical Authorities of both Contracting Parties may agree) before the proposed date of its introduction. Each tariff shall be filed in the form which each of the Aeronautical Authorities may require in order to disclose the particulars referred elsewhere in this Agreement.
Each proposed tariff may be approved by the Aeronautical Authorities of either Contracting Party at any time. In the absence of such approval it will be treated as having been approved by the Aeronautical Authorities of a Contracting Party forty-five (45) days after the date of filing unless within thirty (30) days after the date of filing the Aeronautical Authorities of that Contracting Party have served on the Aeronautical Authorities of the other Contracting Party written notice of disapproval of the proposed tariff. If, however, either of the Aeronautical Authorities gives such written notice of disapproval the Aeronautical Authorities may at a request of either try to determine the tariff by agreement.
If the Aeronautical Authorities cannot determine a tariff under the provision of paragraph 4 of this Article, the dispute may, at the request of either, be settled in accordance with the provisions of Article 20 of this Agreement.
Each tariff established in accordance with the provisions of this Article shall remain in force until it has been replaced by a new tariff determined in accordance with the provisions of this Article. However, a tariff shall not have its validity extended by virtue of this paragraph for more than twelve (12) months after the date on which it would otherwise have expired unless otherwise agreed by Aeronautical Authorities of both Contracting Parties.
Each tariff to be charged by the designated airline of one Contracting Party for carriage between the territory of the other Contracting Party and the territory of a third party shall be filed for approval with the Aeronautical Authorities of the other Contracting Party not less than sixty (60) days before the proposed date of its introduction and shall not be introduced until it has been approved by those Aeronautical Authorities.
Article 9. Approval of Schedules
The designated airline of each Contracting Party shall submit their proposed schedules for the agreed services and any amendments thereto for the approval of the Aeronautical Authorities of both Contracting Parties not later than thirty (30) days before their proposed effective date.
The designated airline of each Contracting Party may operate on an “ad hoc" basis flights supplementary to the agreed services. Applications for the approval of such flights shall be submitted to the Aeronautical Authorities of both Contracting Parties not later than three (3) working days before the proposed date of operation.
Article 10. Recognition of Certificates and Licenses
Certificates of airworthiness, certificates 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 on the routes specified in the Annex provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention.
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.
Either Contracting Party may request technical discussions concerning the safety standards maintained and administered by the other Contracting Party relating to aeronautical facilities, aircrews, aircraft, technical supervision and operation of the airline operating the air transport services agreed upon between both authorities. If, following such technical discussions, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal to the minimum standards that may be established pursuant to the Convention the other Contracting Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Contracting Party shall take appropriate corrective action.
Article 11. Provision of Statistics
The Aeronautical Authorities of either Contracting Party shall supply to the Aeronautical Authorities of the other Contracting Party at their request, such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services and showing possibly, the initial origins and final destinations of the traffic as may be possible.
Article 12. Applicability of Laws and Regulations
The laws and regulations of either Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.
The laws and regulations of one Contracting Party relating to entry, clearance, transit, immigration, passports, customs, quarantine and currency shall be complied with by the designated airline of the other Contracting Party, by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of the other 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.