Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Unie van Myanmar inzake luchtdiensten

Preamble

The Kingdom of the Netherlands

and

the Republic of the Union of Myanmar,

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 regional and international civil aviation;

Desiring to conclude an Agreement for the purpose of establishing and operating air services between and beyond their respective territories;

Have agreed as follows:

CHAPTER I. INTRODUCTION

Article 1. Definitions

For the purposes of this Agreement, unless otherwise stated:

• a). the term “Aeronautical Authorities” means, in the case of the Republic of the Union of Myanmar, the Department of Civil Aviation of the Ministry of Transport and Communications; in the case of the Kingdom of the Netherlands, the Minister of Infrastructure and the Environment; or in both cases any other authority or person empowered to perform the functions now 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, and any amendments to the Agreement or the Annex;

• 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 “Air Transportation” means the public carriage by aircraft of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;

• f). the term “Capacity” (i) in relation to an aircraft, means the payload of that aircraft available on a route or section of a route; (ii) in relation to an Air Service, means the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;

• g). 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;

• h). the term “Contracting Party” means a State which has formally agreed to be bound by this Agreement;

• i). the term “the 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 Convention under Articles 90 and 94 thereof, insofar as such Annexes and amendments have become effective for both Contracting Parties;

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

• k). the term “EU Member State” means a State that is now or in the future a Contracting Party to the Treaty on the European Union and the Treaty on the functioning of the European Union;

• l). the term “ICAO” means the International Civil Aviation Organization;

• m). the term “International Air Transportation” means air transportation in which the passengers, baggage, cargo and mail which are taken on board in the Territory of one State are destined for another State;

• n). the term “Price” means any amount, excluding governmental levies, charged or to be charged by the Airline, directly or through its 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;

• ii. the charges and conditions for any services ancillary to such carriage which are offered by the Airline.

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

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

• q). the term “User Charge” means a charge made to Airlines by the competent authorities, or permitted by them to be made, for the provision of airport property or facilities or of air navigation facilities, or aviation security facilities or services, including related services and facilities, for aircraft, their crews, passengers and cargo.

CHAPTER II. OBJECTIVES

Article 2. Grant of Rights

• a). the right to fly without landing across the Territory of the other Contracting Party;

• b). the right to make stops in the Territory of the other Contracting Party for non-traffic purposes;

• c). the right to make stops at the point(s) on the route(s) specified in the Route Schedule to this Agreement for the purpose of taking on board and discharging international traffic in passengers, cargo or mail separately or in combination.

Article 3. Designation and Authorization

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

• i. it is established in the Territory of the Kingdom of the Netherlands under the European Union Treaties 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 EU 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 is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;

• b). in the case of an Airline designated by the Republic of the Union of Myanmar:

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

• ii. effective regulatory control of the Airline is exercised and maintained by the Republic of the Union of Myanmar; and

• iii. the Airline is owned, directly or through majority ownership, and it is effectively controlled by the Republic of the Union of Myanmar and/or by nationals of such State; and that:

• c). the standards set forth in Article 18 (Safety) and Article 19 (Aviation Security) are being maintained and administered;

• 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 an Airline designated by the Kingdom of the Netherlands:

• i. it is not established in the Territory of the Kingdom of the Netherlands under European Union Treaties 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 EU 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 Member States of the European Union or the European Free Trade Association and/or by nationals of such States;

• b). in the case of an Airline designated by the Republic of the Union of Myanmar:

• i. it is not established in the Territory of the Republic of the Union of Myanmar or has no valid operating licence in according with applicable law of the Republic of the Union of Myanmar; or

• ii. effective regulatory control of the Airline is not exercised or not maintained by the Republic of the Union of Myanmar; or

• iii. the Airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of the Union of Myanmar and/or by nationals of such State;

• c). in case the Airline has failed to comply with the laws and regulations referred to in Article 16 (Application of Laws, Regulations and Procedures) of this Agreement;

• d). in any case the standards set forth in this Agreement, especially in Articles 18 (Safety) and 19 (Aviation Security) are not being maintained and administered;

• e). in the event of failure by such Airline 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;

• f). in case the Airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

CHAPTER III. COMMERCIAL PROVISIONS

Article 5. Prices

• 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; and

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

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 new Price shall not take effect nor continue to be in effect.

Article 6. Commercial Activities

• a). to establish in the Territory of the other Contracting Party offices for the promotion and sale of Air Services;

• b). in the Territory of the other Contracting Party to engage, directly or through its agents, in the sale of Air Services;

• c). to sell such services and any person shall be free to purchase Air Services in any currency.

Article 7. Ground Handling

Subject to the laws and regulations of each Contracting Party, each Designated Airline shall have in the Territory of the other Contracting Party the right to perform its own ground handling (“self-handling”) or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, each Designated Airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by a supplier or suppliers.

Article 8. Codeshare