Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Malta

The Kingdom of the Netherlands, in respect of Curaçao,

and

the Republic of Malta, hereinafter “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 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:

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 Malta, the Minister responsible for Civil Aviation, and, in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation; or, in both cases, any other authority or person authorised to perform the functions exercised by the said authorities;

• b). the term “Agreement” means this Agreement, its Annex, and any amendments thereto, all of which shall form an integral part thereof;

• c). the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meanings assigned to them in Article 96 of the Convention;

• d). the term “agreed service” means the public carriage by aircraft on the routes specified in the Annex to this Agreement for the carriage of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;

• e). the term “Annex” means the Annex, including the routes specified in the Route Schedule to this Agreement or as amended in accordance with the provisions of Article 22 (Amendments) of this Agreement. All references to the Agreement shall include references to the Annex, except where otherwise explicitly provided;

• f). the term “capacity”, in relation to an aircraft, means the payload of that aircraft available on a route specified in the Annex to this Agreement, or a section of such a route;

• g). the term “capacity”, in relation to an agreed 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 specified in the Annex to this Agreement, or a section of such a route;

• h). 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 amendments of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as such Annexes and amendments have become effective for, or been ratified by both Contracting Parties;

• i). the term “designated airline” means an airline, designated and authorised in accordance with Article 3 (Designation and Authorisation) of this Agreement;

• j). the term “EU Treaties” shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union;

• k). the term “EU Member State” shall mean a State that is now or in the future a contracting party to the EU Treaties;

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

• m). the term “international air services” is air transportation in which the passengers, baggage, cargo and mail which are taken on board in the territory of one Contracting Party are destined for the other Contracting Party;

• n). the term “tariff” 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 auxiliary services, but excluding remuneration or conditions for the carriage of mail;

• o). the term “territory”, in relation to a Contracting Party, has the meaning assigned to it in Article 2 of the Convention;

• p). the term “user charges” means a charge imposed on airlines by the competent authorities, or permitted by them to be imposed, 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;

• q). the term “nationals of the Republic of Malta” shall be understood as referring to nationals of EU Member States; and

• r). the term “airlines of the Republic of Malta” shall be understood as referring to airlines designated by the Republic of Malta.

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 for non-traffic purposes in the territory of the other Contracting Party; and

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

Article 3. Designation and Authorisation

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

• (i). the airline is established in the territory of the Republic of Malta under the EU 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 the airline is effectively controlled by EU Member States or States of the European Free Trade Association and/or by nationals of such States;

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

• (i). the airline is established in the territory of Curaçao and licensed in accordance with the applicable law of Curaçao; and

• (ii). effective regulatory control of the airline is exercised and maintained by Curaçao; and

• (iii). the airline is owned, directly or through majority ownership, and the airline is effectively controlled by Curaçao and/or nationals of Curaçao;

• c). the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party receiving the designation.

Article 4. Revocation and Suspension of Authorisation

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

• (i). the airline is not established in the territory of the Republic of Malta under the EU 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 the airline is not effectively controlled by EU Member States or States of the European Free Trade Association and/or by nationals of such States;

• 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

• (iii). the airline is not owned, directly or through majority ownership, or is not effectively controlled by Curaçao and/or by nationals of Curaçao;

• c). the airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws and Regulations) of this Agreement;

• d). the Contracting Party designating the airline fails to comply with the provisions set forth in Article 8 (Safety) and Article 9 (Aviation Security) of this Agreement.

Article 5. Application of Laws and Regulations

Article 6. Direct Transit

Passengers, baggage and cargo in direct transit through the territory of either Contracting Party and not leaving the area of the airport reserved for such purposes shall only be subject to a simplified control, except for reasons of aviation security, narcotics control, prevention of illegal entry or in special circumstances.

Article 7. Recognition of Certificates and Licences

Article 8. Safety

• 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 certificates 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.