LegalizeVerdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en de Regering van het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland inzake luchtdiensten tussen en via het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland, enerzijds, en de Nederlandse Antillen, anderzijds
The Government of the Kingdom of the Netherlands in respect of the Netherlands Antilles
and
the Government of the United Kingdom of Great Britain and Northern Ireland,
hereinafter referred to as the ‘‘Contracting Parties’’;
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an Agreement supplementary to the said Convention for the purpose of establishing air services between and beyond the United Kingdom of Great Britain and Northern Ireland on the one hand, and the Netherlands Antilles on the other;
Have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement, unless the context otherwise requires:
- a). the term ‘‘the Chicago Convention’’ means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 and includes:
- (i). any amendment thereof which has been ratified by both Contracting Parties; and
- (ii). any Annex or any amendment thereto adopted under Article 90 of that Convention, insofar as such amendment or annex is at any given time effective for both Contracting Parties;
- b). the term ‘‘aeronautical authority’’ means in the case of the United Kingdom of Great Britain and Northern Ireland, the Secretary of State for Transport, and for the purpose of Article 7 of this Agreement, the Civil Aviation Authority and in the case of the Kingdom of the Netherlands, the Minister of Transport and Transport of the Netherlands Antilles, or, in both cases, any person or body who may be authorised to perform any functions at present exercisable by the above-mentioned authority or similar functions;
- c). the term ‘‘designated airline’’ means an airline which has been designated and authorised in accordance with Article 4 of this Agreement;
- d). the term ‘‘territory’’ means in relation to the United Kingdom of Great Britain and Northern Ireland, the land areas and territorial waters adjacent thereto under the sovereignty of the United Kingdom of Great Britain and Northern Ireland with the exception of the land areas and territorial waters adjacent thereto of Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands and in relation to the Netherlands Antilles the land areas and the territorial waters adjacent thereto of the Netherlands Antilles;
- e). the terms ‘‘air service’’, ‘‘international air service’’, ‘‘airline’’ and ‘‘stop for non-traffic purposes’’ have the meanings respectively assigned to them in Article 96 of the Chicago Convention;
- f). the term ‘‘this Agreement’’ includes the Annex hereto and any amendments to it or to this Agreement;
- g). the term ‘‘user charges’’ means a charge made to airlines by the competent authority or permitted by that authority to be made for the provision of airport property or facilities or of air navigation facilities (including facilities for overflights), or related services and facilities, for aircraft, their crews, passengers and cargo;
- h). the term ‘‘Air Operator’s Certificate’’ means a document issued to an airline which affirms that the airline in question has the professional ability and organisation to secure the safe operation of aircraft for the aviation activities specified in the certificate;
- i). the term ‘‘EC Member State’’ means a State that is now or in the future a contracting party to the Treaty establishing the European Community;
- j). references to airlines of the United Kingdom of Great Britain and Northern Ireland shall be understood as referring to airlines designated by the United Kingdom of Great Britain and Northern Ireland;
- k). references to airlines of the Kingdom of the Netherlands shall be understood as referring to airlines designated by the Netherlands Antilles;
- l). References to nationals of the United Kingdom of Great Britain and Northern Ireland shall be understood as referring to nationals of European Community Member States;
- m). references to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals who are permanent residents of the Netherlands Antilles.
Article 2. Applicability of the Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Chicago Convention 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 in respect of its international air services:
- a). the right to fly across its territory without landing;
- b). the right to make stops in its territory for non-traffic purposes.
Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the Schedule annexed to this Agreement. Such services and routes are hereinafter called ‘‘the agreed services’’ and ‘‘the specified routes’’ respectively. While operating an agreed service on a specified route the airline or 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 to this Agreement for the purpose of taking on board and discharging passengers and cargo, including mail.
Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline or airlines of one Contracting Party the right to take 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 routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of routes.
Article 4. Designation and Authorisation
Each Contracting Party shall have the right to designate airlines for the purpose of operating the agreed services on each of the specified routes and to withdraw or alter such designations. Such designations shall be made in writing and shall be transmitted to the other Contracting Party through diplomatic channels.
On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorisations and technical permissions, the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided:
- a). in the case of an airline designated by the United Kingdom of Great Britain and Northern Ireland:
- (i). it is established in the territory of the United Kingdom under the Treaty establishing the European Community and has a valid operating licence in accordance with European Community law; and
- (ii). effective regulatory control of the airline is exercised and maintained by the EC Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and
- (iii). the airline is owned, directly or through majority ownership, and it is effectively controlled by EC Member States or the European Free Trade Association and/or by nationals of such states.
- b). in the case of an airline designated by the Kingdom of the Netherlands:
- (i). it is established in the territory of the Netherlands Antilles and is licensed in accordance with the applicable law of the Netherlands Antilles;
- (ii). the Netherlands Antilles aeronautical authority has and maintains effective regulatory control of the airline; and
- (iii). the airline is owned, directly or through majority ownership, and is effectively controlled by the Netherlands Antilles and/or by nationals of the Kingdom of the Netherlands who are permanent residents of the Netherlands Antilles.
- c). the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party considering the application or applications.
When an airline has been so designated and authorised it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.
Article 5. Revocation or Suspension of Operating Authorisations
Either Contracting Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party:
- a). where, in the case of an airline designated by the United Kingdom of Great Britain and Northern Ireland:
- (i). it is not established in the territory of the United Kingdom under the Treaty establishing the European Community or does not have a valid operating licence in accordance with European Community law; or
- (ii). effective regulatory control of the airline is not exercised or not maintained by the EC Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation; or
- (iii). the airline is not owned, directly or through majority ownership, or is not effectively controlled by EC Member States or the European Free Trade Association and/or by nationals of such states.
- b). where, in the case of an airline designated by the Kingdom of the Netherlands:
- (i). it is not established in the territory of the Netherlands Antilles or is not licensed in accordance with the applicable law of the Netherlands Antilles;
- (ii). the Netherlands Antilles aeronautical authority does not have or maintain effective regulatory control of the airline; or
- (iii). the airline is not owned, directly or through majority ownership, or is not effectively controlled by the Netherlands Antilles and/or by nationals of the Kingdom of the Netherlands who are permanent residents of the Netherlands Antilles.
- c). in the case of failure by that airline to comply with the laws or regulations normally and reasonably applied by the Contracting Party granting those rights; or
- d). if the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or
- e). in the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph 2 of Article 10 of this Agreement; or
- f). in accordance with paragraph 6 of Article 10 of this Agreement.
Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.
Article 6. Fair Competition
There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to compete in operating the agreed services on the specified routes.
Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transport it offers. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Chicago Convention.
Neither Contracting Party shall impose on the other Contracting Party’s designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.
Neither Contracting Party shall require the filing of schedules, programs for non-scheduled flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article. If a Contracting Party requires filings for information purposes, it shall minimise the administrative burdens on air transport intermediaries and on designated airlines of the other Contracting Party of such filing requirements and procedures.
Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.
Article 7. Tariffs
For the purpose of this Agreement the term tariff means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.
Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the market place. Neither Contracting Party shall require their airlines to consult other airlines about the tariffs they charge or propose to charge for services covered by this Agreement.
Each Contracting Party may require notification or filing of any tariff to be charged by its own designated airline or airlines. Neither Contracting Party shall require notification or filing of any tariffs to be charged by the designated airline or airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraphs 5 or 6 below.
Intervention by the Contracting Parties shall be limited to:
- a). the protection of consumers from tariffs that are excessive due to the abuse of market power;
- b). the prevention of tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.
Each Contracting Party may unilaterally disallow any tariff filed or charged by one of its own designated airlines. However, such intervention shall be made only if it appears to the aeronautical authority of that Contracting Party that a tariff charged or proposed to be charged meets either of the criteria set out in paragraph 4 above.
Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a tariff charged or proposed to be charged by an airline of the other Contracting Party. If one Contracting Party believes that any such tariff is inconsistent with the considerations set out in paragraph 4 above, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held not later than 14 days after receipt of the request. Without a mutual agreement the tariff shall take effect or continue in effect.
Notwithstanding paragraphs 3, 5 and 6 above, neither Contracting Party shall require the filing of tariffs for the carriage of cargo between the United Kingdom of Great Britain and Northern Ireland and the Netherlands Antilles. Such tariffs shall take effect when the airline concerned so decides.
A Contracting Party shall not require the filing for its approval of tariffs to be charged by the designated airline or airlines of the other Contracting Party for carriage between the first Contracting Party and a third state. Such tariffs shall take effect when the airline concerned so decides.
Notwithstanding the provisions of this Article, the tariffs to be charged by the designated airlines of both Contracting Parties for carriage wholly within the European Community shall be subject to European Community law.
Article 8. Duties, Taxes and Fees
The Contracting Parties shall relieve from all customs duties, national excise taxes and similar national fees:
- a). aircraft operated in international air services by the designated airline or airlines of either Contracting Party; and
- b). the following items introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party:
- (i). repair, maintenance and servicing equipment and component parts;
- (ii). passenger handling equipment and component parts;
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.