Legalize / Nederland / Verdrag

Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Madagaskar inzake luchtdiensten

Type Verdrag

Publication 2008-11-06

State In force

Source BWB

Wijzigingsgeschiedenis JSON API

preamble

The Kingdom of the Netherlands

and

The Republic of Madagascar,

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 contribute to the progress of international aviation;

Desering to conclude an Agreement for the purpose of establishing air services, supplementary to the Convention;

have agreed as follows:

CHAPTER I. INTRODUCTION

Article 1. Definitions

For the purpose of this Agreement

a). the term “Aeronautical Authorities” means: for the Kingdom of the Netherlands, the Minister of Transport, Public Works and Water Management; for the Republic of Madagascar: the Ministry of Transport, or in either case any person or body authorized to perform any functions at present exercised by the said Authorities;

b). the terms “Agreed Service” and “Specified Route” mean: international air service pursuant to this Agreement and the route specified in the Annex to this Agreement respectively;

c). the term “Agreement” means: this Agreement, its Annex drawn up in application thereof, as well as any amendment to the Agreement or the Annex;

d). the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;

e). the term “Change of Aircraft” means: the operation of one of the Agreed Services by a Designated Airline in such a way that one or more sectors of the Specified Route are flown by different aircraft;

f). the term “the Convention” means: the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or been ratified by both Contracting Parties;

g). the term “Designated Airline” means: the Airline which has been designated and authorized in accordance with Article 3 of this Agreement (Designation and Authorization);

h). the term “Stores” means: articles, of a readily consumable nature, for use or sale on board an aircraft during flight including commissary supplies;

i). the term “Price” means: any amount charged or to be charged by the airline, 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 Price; and

(II). the charges and conditions for any services ancillary to such carriage which are offered by the Airline;

j). the term “Territory” in relation to either Contracting Party shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of the Contracting Party;

k). the term “User Charge” means: a charge imposed on Airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities.

l). the term “Capacity” means: the combination of frequency per week and (the configuration of) the type of aircraft used on the route offered to the public by the Designated Airline;

CHAPTER II. OBJECTIVES

Article 2. 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 transportation by the Designated Airline(s) of the other Contracting Party:

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

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

c). while operating An Agreed Service on a Specified Route, the right to make stops in its Territory for the purposes of taking up and discharging international traffic in passengers, baggage, cargo and mail, separately or in combination.

Nothing in paragraph 1 of this Article shall be deemed to grant the right for one Contracting Party's Airline(s) to participate in air transportation between points in the Territory of the other Contracting Party (cabotage).

Article 3. Designation and Authorization

Either Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one or more airline(s) to operate International Air Services on the routes specified in the Annex and to substitute another Airline for an Airline previously designated.

On receipt of such a notification, each Contracting Party shall, without delay, grant to the airline(s) so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this article, unless it is not satisfied that:

(i). in the case of the airline(s) designated by the Kingdom of the Netherlands: in the case of the airline(s) designated by the Republic of Madagascar:

1. it is established in the territory of the Kingdom of the Netherlands under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law; and

1. 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,

1. it is established in the territory of the Republic of Madagascar and has a valid Operating Licence in accordance with applicable law of the Republic of Madagascar; and

1. effective regulatory control of the airline is exercised and maintained by the Republic of Madagascar,

and that:

ii). the Government designating the airline(s) is maintaining and administering the standards set forth in Article 16 (Safety) and Article 17 (Aviation Security).

iii). the Designated Airline(s) is/are qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of international air transportation by the Contracting Party considering the application or applications.

Upon receipt of the operating authorization of paragraph 2 of this Article a 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

Article 4. Revocation and Suspension of Authorization

Each Contracting Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an Airline designated by the other Contracting Party where:

i). in the case of the airline(s) designated by the Kingdom of the Netherlands: in the case of the airline(s) designated by the Republic of Madagascar:

1. it is not established in the territory of the Kingdom of the Netherlands under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law; or

1. 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.

1. it is not established in the Republic of Madagascar or does not have a valid Operating licence in accordance with applicable law of the Republic of Madagascar; or

1. effective regulatory control is not exercised or not maintained by the Republic of Madagascar.

(ii). that Airline has failed to comply with the laws and regulations referred to in Article 14 (Application of Laws, Regulations and Procedures) of this Agreement;

(iii). the other Contracting Party is not maintaining and administering the standards set forth in Article 16 (Safety);

(iv). such Airline fails to qualify before the Aeronautical Authorities of the Contracting Party assessing the authorization, under the laws and regulations normally and reasonably applied to the operation of International Air Services by these Authorities in conformity with the Convention;

(v). the Airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

Unless immediate action is essential to prevent further non-compliance with paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation 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.

This Article does not limit the rights of either Contracting Party to withhold, revoke, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Contracting Party in accordance with the provisions of Article 17 (Aviation Security).

CHAPTER III. COMMERCIAL PROVISIONS

Article 5. Prices

Each Contracting Party shall allow Prices for air transportation to be established by each Designated Airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:

a). prevention of unreasonably discriminatory Prices or practices;

b). protection of consumers from Prices that are unreasonably high or restrictive due to the abuse of a dominant position;

c). protection of Airlines from Prices that are artificially low due to direct or indirect governmental subsidy or support.

Neither Contracting Party shall require notification or filing of any price to be charged by the designated airline or airlines of the other Contracting Party. Prices may remain in effect unless subsequently disapproved under paragraph 3 below.

Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Price charged or proposed to be charged by (a) an Airline of either Contracting Party for international air transportation between the territories of the Contracting parties, or (b) an Airline of one Contracting Party for international air transportation between the Territory of the other Contracting Party and any other country. If either Contracting Party considers any such Price 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 co-operate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a Price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the Price shall take effect or continue to be in effect until such time the dispute has been resolved under Article 20 of the Agreement.

Notwithstanding the provisions of this Article, the designated airline(s) of the Republic of Madagascar shall not be entitled to introduce new products or lower fares than the ones existing for identical products on air services for carriage wholly within the European Community.

Article 6. Commercial Activities

The Designated Airline(s) of each Contracting Party shall be allowed:

a). to establish in the Territory of the other Contracting Party offices for the promotion and sale of air transportation and ancillary or supplemental services (including the right to sell and to issue any ticket and/or airway bill, both its own tickets and/or airway bills and of any other carrier) as well as other facilities required for the provision of air transportation;

b). in the Territory of the other Contracting Party to engage directly and, at its discretion, through its agents, and/ or other airlines in the sale of air transportation and ancillary or supplemental services;

c). to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in any currency.

The Designated Airline(s) of each Contracting Party shall be allowed to bring in and maintain in the Territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation and ancillary or supplemental services.

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 Territory of the other Contracting Party, authorized to perform such services in the Territory of that Contracting Party.

Each Designated Airline shall have the right to perform its own groundhandling in the Territory of the other Contracting Party (“selfhandling”), or, at its option, select among competing agents for such services in whole or in part. This right shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude selfhandling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if selfhandling were possible.

In operating or holding out the Air Services on the Specified Routes, each Designated Airline of one Contracting Party may enter into commercial and/or cooperative marketing arrangements including but not limited to blocked-space, code-sharing and leasing arrangements, with any other Airline including an Airline of a third country, provided (a) that the operating carrier in such arrangements holds the appropriate operating authorization, and (b) that tickets make it clear to the purchaser at the point of sale which Airline will actually operate each sector of the service and with which Airline or Airlines the purchaser is entering into a contractual relationship. The code-sharing services of the marketing carrier will not be counted as a frequency.

Notwithstanding any other provision of this Agreement, the Designated Airline(s) and indirect providers of air transportation of either of the Contracting Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for passengers, cargo and mail to or from any points in the Territories of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo and mail in bond under applicable laws and regulations.

Such passengers, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. Designated Airline(s) may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other Airlines and indirect providers of air cargo transportation. Such intermodal services may be offered at a single, through price for the air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.

The activities mentioned in this Article shall be carried out in accordance with the laws and regulations of the other Contracting Party. In case of the Netherlands this includes applicable European Community law.

Article 7. Noise

On the routes to and from their respective Territories the operations by the Airlines concerned shall be with aircraft which conform to standards that are specified in the Annex to this Agreement.

Article 8. Change of Aircraft

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.