Verdrag tussen het Koninkrijk der Nederlanden ten behoeve van de Nederlandse Antillen en het Koninkrijk België inzake luchtvervoer

The Kingdom of the Netherlands,

in respect of the Netherlands Antilles,

and

The Kingdom of Belgium,

hereinafter referred to as the “Contracting Parties”;

Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944;

Desiring to conclude an agreement, supplementary to the said Convention, for the purpose of establishing air services between and beyond their respective territories;

Desiring to ensure the highest degree of safety and security in international air transport;

Have agreed as follows:

Article 1. Definitions

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

• a). the term “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 of the annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted or ratified by both Contracting Parties;

• b). the term “Agreement” means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex;

• c). the term “aeronautical authorities” means: in the case of the Kingdom of Belgium, the Ministry of Communications and Infrastructure, and in the case of the Kingdom of the Netherlands, the Minister of Transport and Communications of the Netherlands Antilles or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;

• 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 Convention;

• e). the term “Territory” in the case of the Kingdom of Belgium means the land areas and the territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of the Kingdom of Belgium and in the case of the Kingdom of the Netherlands the land area of the Netherlands Antilles and the territorial waters adjacent thereto;

• f). “Designated airline” means an airline which has been designated and authorised in accordance with Articles 3 and 4 of this Agreement;

• g). the term “Agreed services” means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;

• h). the term “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;

• i). the term “Change of gauge” means the operation of one of the agreed services by a designated airline in such a way that one section of the route is flown by aircraft different in capacity from those used on another section;

• j). the terms “aircraft equipment”, “ground equipment”, “aircraft stores”, “spare parts” have the meanings respectively assigned to them in Annex 9 of the Convention;

• k). the term “nationals of the Kingdom of Belgium” shall be understood as referring to nationals of European Community Member States;

• l). the term “airlines of the Kingdom of Belgium” shall be understood as referring to airlines designated by the Kingdom of Belgium.

Article 2. Grant of Rights

• a). to fly without landing across its territory;

• b). to make stops in its territory for non-traffic purposes;

• c). to make stops in its territory for the purpose of taking up and discharging, while operating the routes specified in the Annex, international traffic in passengers, cargo and mail separately or in combination.

Article 3. Designation to operate services

Article 4. Authorisation to operate services

• a). in the case of an airline designated by Belgium:

• (i). it is established in the territory of Belgium 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 European Community Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation.

• b). in the case of an airline designated by the Netherlands Antilles:

• (i). it is established in the territory of the Netherlands Antilles and has a valid Operating Licence in accordance with the law applicable in the Netherlands Antilles; and

• (ii). the Netherlands Antilles is exercising and maintaining effective regulatory control of the airline.

Article 5. Revocation or suspension of operating authorisation

• a). in the event of failure by such airlines to satisfy them that they are qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by these authorities in conformity with the Convention;

• b). in the event of failure by such airlines to operate in accordance with the conditions prescribed under this Agreement;

• c). in the event of failure by such airlines to comply with the laws and regulations of that Contracting Party;

• d). in the case of an airline designated by Belgium:

• (i). if it is not established in the territory of Belgium 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 European Community Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation.

• e). in the case of an airline designated by the Netherlands Antilles:

• (i). if it is not established in the territory of the Netherlands Antilles or does not have a valid Operating Licence in accordance with the law applicable in the Netherlands Antilles; or

• (ii). the Netherlands Antilles is not exercising or not maintaining effective regulatory control of the airline.

Article 6. Application of laws and regulations

Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control.

This provision shall not apply if the passenger is in transit to a destination situated in a State, Party to the Convention in pursuance of the Schengen Agreement of 14 June 1985.

Article 7. Certificates, licences and safety

Each Contracting Party reserves 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.

Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article 5 of this Agreement.

3.1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.

3.2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 5 of this Agreement (revocation, suspension and variation of operating authorisations).

3.3. Notwithstanding the obligation mentioned in Article 33 of the Convention it is agreed that any aircraft operated or, under a lease arrangement, on behalf of the airline of one Party on services to or from the territory of another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.

3.4. If any such ramp inspection or series of ramp inspections gives rise to:

• a). serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or

• b). serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.

3.5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by or on behalf of the airline or airlines of one Contracting Party in accordance with paragraph 3.3 above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 3.4 above arise and draw the conclusions referred to in that paragraph.

3.6. Each Contracting Party reserves the right to suspend or vary the operating authorisation of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.

3.7. Any action by one Contracting Party in accordance with paragraphs 3.2 or 3.6 above shall be discontinued once the basis for the taking of that action ceases to exist.

Article 8. Aviation Security