Luchtvaartverdrag tussen het Koninkrijk der Nederlanden en de Republiek Mauritius

Preamble

The Kingdom of the Netherlands

and

the Republic of Mauritius,

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;

Desiring to conclude a new Agreement for the purpose of replacing the Air Services Agreement between the Kingdom of the Netherlands and the Republic of Mauritius of 15 November 1973, signed at Port Louis;

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 Infrastructure and the Environment of the Netherlands; for the Republic of Mauritius: the national Minister to whom the responsibility for civil aviation is assigned, 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 Annexes drawn up in application thereof, as well as any amendment to the Agreement or the Annexes;

• d). the terms “Air Service”, “International Air Service” and “Airline” shall have the meaning respectively assigned to them in Article 96 of the Convention;

• e). the term “Capacity” means: the combination of (a) frequency per week, (b) the configuration and (c) the type of aircraft used on the route offered to the public by the Designated Airline(s);

• f). 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;

• g). 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;

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

• i). the term “Intermodal Air Transportation” means: the public carriage by aircraft and by one or more surface modes of transport of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;

• j). the term “Nationals”, in the case of the Netherlands, shall be understood as referring to Nationals of European Union Member States;

• k). 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;

• l). 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.

CHAPTER II. OBJECTIVES

Article 2. Grant of rights

• 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.

Article 3. Designation and Authorization

• a). in the case of the Airline designated by the Kingdom of the Netherlands:

• (i). it is established in the Territory of the Kingdom of the Netherlands under the Treaty on the European Union and the Treaty on the functioning of the European Union and has a valid Operating Licence in accordance with European Union law; and

• (ii). effective regulatory control of the Airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator 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 (a) European Union Member State(s) and/or Nationals of European Union Member State(s), and/or by (an) other State(s) listed in Annex 1 and/or Nationals of such other State (s).

• b). in the case of the Airline designated by the Republic of Mauritius: and that:

• (i). it is established in the Territory of the Republic of Mauritius and has a valid Operating Licence in accordance with applicable law of the Republic of Mauritius; and

• (ii). effective regulatory control of the Airline is exercised and maintained by the Republic of Mauritius; and

• (iii). the Airline is owned directly or through majority ownership, and it is effectively controlled by the Republic of Mauritius and/or Nationals of the Republic of Mauritius.

• c). the Government designating the Airline is maintaining and administering the standards set forth in Article 16 (Safety) and Article 17 (Aviation Security).

• d). the Designated Airline is 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.

Article 4. Revocation and Suspension of Authorization

• a). in the case of the Airline designated by the Kingdom of the Netherlands:

• (i). it is not established in the Territory of the Kingdom of the Netherlands under the Treaty on the European Union and the Treaty on the functioning of the European Union or does not have a valid Operating Licence in accordance with European Union law; or

• (ii). effective regulatory control of the Airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator 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 (a) European Union Member State(s) and/or Nationals of Member State(s), and/or by (a) other State(s) listed in Annex 1 and/or Nationals of such other State(s); and

• (iv). the Airline is already authorised to operate under a bilateral agreement between the Kingdom of the Netherlands and another European Union Member State and the Republic of Mauritius can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in any other Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or

• (v). the Airline holds an Air Operator Certificate issued by a European Union Member State and there is no bilateral Air Services agreement between the Republic of Mauritius and that European Union Member State and that European Union Member State has denied traffic rights to the Airline designated by the Republic of Mauritius.

• b). in the case of the Airline designated by the Republic of Mauritius:

• (i). it is not established in the Republic of Mauritius or does not have a valid Operating licence in accordance with applicable law of the Republic of Mauritius; or

• (ii). effective regulatory control is not exercised or not maintained by the Republic of Mauritius; and.

• (iii). the Airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of Mauritius and/or Nationals of the Republic of Mauritius.

• 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 and security in accordance with Article(s) 16 and 17.

CHAPTER III. COMMERCIAL PROVISIONS

Article 5. Prices

• a). the protection of consumers from Prices that are excessive due to the misuse of a dominant position;

• b). the prevention of Prices 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.

• c). the protection of Airlines from prices that are artificially low due to direct or indirect subsidy or support; and

• d). the protection of Airline from prices that are artificially low, where evidence exists as to an intent to eliminate competition.

Article 6. Commercial Activities

• 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 of any other carrier) as well as other facilities required for the provision of air and/or intermodal 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 and/or intermodal transportation and ancillary or supplemental facilities and services;

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