LegalizeLuchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Tsjechische Republiek
The Kingdom of the Netherlands, in respect of Curaçao,
and
the Czech Republic
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; and
Desiring to conclude an agreement for the purpose of developing air services between and beyond their respective territories;
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 7 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, so far as those Annexes and amendments have been adopted by both Contracting Parties;
- b). the term “aeronautical authorities” means in the case of the Czech Republic the Ministry of Transport and, in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation of Curaçao, or, in both cases, any other authority legally empowered to perform the functions exercised by the said aeronautical authorities;
- c). the term “designated airline” means each airline that one Contracting Party has designated in writing to the other Contracting Party and which has been authorized in accordance with Article 3 of this Agreement to operate the agreed services on the specified routes in conformity with paragraph 1. of Article 2 of this Agreement;
- d). the terms “territory”, “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;
- e). the term “capacity” in relation to the agreed services means the available seat capacity of the aircraft used on such services, multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;
- f). the term “tariff” means the prices or charges to be paid for carriage of passengers, baggage and/or cargo (excluding remuneration and conditions for the carriage of mail) and the conditions under which those prices and charges apply, including commissions to be paid on the carriage for agency services, charges and conditions for any services ancillary to such carriage which are offered by airlines and also include any significant benefits provided in association with the carriage;
- g). the term “Agreement” means this Agreement, its Annex, and any amendments thereto. The Annex forms an integral part of the Agreement and all references to the Agreement shall include reference to the Annex except where otherwise provided;
- h). the term “European Union Treaties” means the Treaty on European Union and the Treaty on the functioning of the European Union.
Article 2. Traffic Rights
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing and operating international air services by the designated airline (hereinafter called “agreed services”) over the routes specified in the appropriate section of the Annex to this Agreement (hereinafter called “specified routes”).
Subject to the provisions of this Agreement the designated airline of each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the following 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 embark and disembark in the territory of the other Contracting Party, at points specified in the Annex to this Agreement, passengers, baggage and cargo including mail, separately or in combination, destined for or coming from points in the territory of the first Contracting Party; and
- d). the right to embark and disembark in the territory of the third countries, at the points specified in the Annex to this Agreement, passengers, baggage and cargo including mail, separately or in combination, destined for or coming from points in the territory of the other Contracting Party, specified in the Annex to this Agreement.
The airlines of each Contracting Party, other than those designated under Article 3 of this Agreement, shall also enjoy the rights specified in paragraph 2 a and b of this Article.
Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline of one Contracting Party the right of embarking, in the territory of the other Contracting Party, passengers, baggage and cargo including mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
Article 3. Designation and Operating Authorization
Each Contracting Party shall have the right to designate in writing, through diplomatic channels, to the other Contracting Party, an airline or airlines for the purpose of operating the agreed services in accordance with this Agreement and to withdraw the designation of any airline or to substitute another airline for one previously designated.
The aeronautical authorities, which have received the notification of designation, shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant without delay to the designated airline of the other Contracting Party the necessary operating authorizations.
The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfil the conditions prescribed under the laws and regulations applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.
The aeronautical authorities of each Contracting Party shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorization referred to in paragraph 2 of this Article or to impose such conditions as it may deem necessary for the exercise of the rights specified in Article 2 of this Agreement, whenever the Contracting Party has no proof that:
- a). in the case of an airline designated by the Czech Republic:
- (i). the airline is established in the territory of the Czech Republic 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 European Union 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 Curaçao:
- (i). the airline is established in the territory of Curaçao and has a valid Operating Licence in accordance with the applicable law of Curaçao; and
- (ii). effective regulatory control of the airline is exercised and maintained by Curaçao and Curaçao is responsible for issuing its Air Operator’s Certificate.
When an airline has been designated and authorized in accordance with this Article, it may operate in whole or in part the agreed services for which it is designated, provided that the airline complies with the applicable provisions of this Agreement.
Article 4. Revocation and Suspension of Operating Authorization
The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement of the designated airline of the other Contracting Party or to impose such conditions, temporary or permanent, as it may deem necessary on the exercise of such rights, if:
- a). in the case of an airline designated by the Czech Republic:
- (i). the airline is not established in the territory of the Czech Republic under the 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 European Union Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation;
- b). in the case of an airline designated by Curaçao:
- (i). the airline is not established in the territory of Curaçao or does not have a valid Operating Licence in accordance with the applicable law of Curaçao; or
- (ii). effective regulatory control of the airline is not exercised or not maintained by Curaçao or Curaçao is not responsible for issuing its Air Operator’s Certificate;
- c). an airline fails to prove before the aeronautical authorities of that Contracting Party granting those rights an ability to fulfil the conditions under the laws and regulations applied by these authorities in conformity with the provisions of the Convention; or
- d). an airline otherwise fails to operate in accordance with the conditions prescribed in this Agreement.
Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Unless otherwise agreed by the aeronautical authorities, such consultations between the aeronautical authorities of both Contracting Parties shall begin within a period of sixty (60) days from the date of receipt of the request made by any of the aeronautical authorities.
Article 5. Application of Laws, Regulations and Procedures
While entering, within or leaving the territory of one Contracting Party, the laws, regulations and procedures in force in its territory relating to the operation and navigation of aircraft shall be complied with by the other Contracting Party’s airlines.
The laws, regulations and procedures in force in the territory of one Contracting Party relating to the admission to, stay in, transit through, or departure from its territory of passengers, crew, baggage and cargo including mail, such as laws, regulations and procedures relating to entry, exit, immigration, passports, customs, currency, quarantine, health, veterinary or sanitary measures, shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline of the other Contracting Party upon entry into or departure from or while within the territory of the said Contracting Party.
In the application of its customs, immigration, quarantine and similar regulations, neither Contracting Party shall give preference to its own or any other airlines over an airline of the other Contracting Party engaged in similar international air services.
Article 6. Aviation Security
Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and any other multilateral convention or protocol governing aviation security binding upon both Contracting Parties.
The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft who have their principal place of business or permanent residence in the territories of the Contracting Parties or, in the case of the Czech Republic, operators of aircraft who are established in its territory under the European Union Treaties and have valid Operating Licences in accordance with European Union law, and the operators of airports in their territories act in conformity with such aviation security provisions.
Each Contracting Party agrees that its operators of aircraft shall be required to observe, for entry into, departure from or while within the territory of the other Contracting Party, aviation security provisions in conformity with the laws and regulations in force in that Contracting Party, including, in the case of the Czech Republic, European Union law.
Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading.
Each Contracting Party shall give a sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
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.