LegalizeWijzigingsgeschiedenis
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Malta
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· 2021-09-01
2021-09-01
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten
Wijzigingen op 2021-09-01
@@ -26,7 +26,7 @@
- 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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=22&z=2020-11-16&g=2020-11-16) (Amendments) of this Agreement. All references to the Agreement shall include references to the Annex, except where otherwise explicitly provided;
- 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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=22&z=2021-09-01&g=2021-09-01) (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;
@@ -34,7 +34,7 @@
- h). the term “Convention” means the [Convention on International Civil Aviation](https://wetten.overheid.nl/jci1.3:c:BWBV0005507), opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under [Article 90 of that Convention](https://wetten.overheid.nl/jci1.3:c:BWBV0005507&artikel=90) and any amendments of the Annexes or the Convention under Articles 90 and [94](https://wetten.overheid.nl/jci1.3:c:BWBV0005507&artikel=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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=3&z=2020-11-16&g=2020-11-16) (Designation and Authorisation) of this Agreement;
- i). the term “designated airline” means an airline, designated and authorised in accordance with [Article 3](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=3&z=2021-09-01&g=2021-09-01) (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;
@@ -116,11 +116,11 @@
- (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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=5&z=2020-11-16&g=2020-11-16) (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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=8&z=2020-11-16&g=2020-11-16) (Safety) and [Article 9](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=9&z=2020-11-16&g=2020-11-16) (Aviation Security) of this Agreement.
2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws and/or regulations, such right shall be exercised only after consultations between the aeronautical authorities in conformity with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2020-11-16&g=2020-11-16) (Consultations) of this Agreement.
- c). the airline has failed to comply with the laws and regulations referred to in [Article 5](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=5&z=2021-09-01&g=2021-09-01) (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](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=8&z=2021-09-01&g=2021-09-01) (Safety) and [Article 9](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=9&z=2021-09-01&g=2021-09-01) (Aviation Security) of this Agreement.
2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws and/or regulations, such right shall be exercised only after consultations between the aeronautical authorities in conformity with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2021-09-01&g=2021-09-01) (Consultations) of this Agreement.
##### Article 5. Application of Laws and Regulations
@@ -142,9 +142,9 @@
##### Article 8. Safety
1. Each Contracting Party may request consultations in conformity with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2020-11-16&g=2020-11-16) (Consultations) of this Agreement at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area referred to in paragraph 1 of this Article that are at least equal to the minimum standards established at that time pursuant to the [Convention](https://wetten.overheid.nl/jci1.3:c:BWBV0005507), the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, or such longer period as may be agreed, shall be grounds for the application of [Article 4](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=4&z=2020-11-16&g=2020-11-16) (Revocation and Suspension of Authorisation) of this Agreement.
1. Each Contracting Party may request consultations in conformity with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2021-09-01&g=2021-09-01) (Consultations) of this Agreement at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area referred to in paragraph 1 of this Article that are at least equal to the minimum standards established at that time pursuant to the [Convention](https://wetten.overheid.nl/jci1.3:c:BWBV0005507), the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, or such longer period as may be agreed, shall be grounds for the application of [Article 4](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=4&z=2021-09-01&g=2021-09-01) (Revocation and Suspension of Authorisation) of this Agreement.
3. Notwithstanding the obligations mentioned in [Article 33 of the Convention](https://wetten.overheid.nl/jci1.3:c:BWBV0005507&artikel=33), it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.
@@ -204,7 +204,7 @@
3. Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its territory and the designated airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the designated airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the user charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.
4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant to [Article 21](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=21&z=2020-11-16&g=2020-11-16) (Settlement of Disputes) of this Agreement, to be in breach of a provision of this Article, unless:
4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant to [Article 21](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=21&z=2021-09-01&g=2021-09-01) (Settlement of Disputes) of this Agreement, to be in breach of a provision of this Article, unless:
- a). it fails to undertake a review of the user charge or practice that is the subject of complaint by the other Contracting Party within a reasonable period of time; or
@@ -254,9 +254,9 @@
- f). behaviour indicating an abuse of dominant position on the route.
4. If the aeronautical authorities of one Contracting Party consider that an operation or operations intended or conducted by the designated airline of the other Contracting Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 1 of this Article, they may request consultation in accordance with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2020-11-16&g=2020-11-16) (Consultations) of this Agreement with a view to resolving the problem. Any such request shall be accompanied by notice of the reasons for the request.
5. If the Contracting Parties fail to reach a resolution of the problem through consultations, either Contracting Party may invoke the dispute resolution mechanism under [Article 21](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=21&z=2020-11-16&g=2020-11-16) (Settlement of Disputes) of this Agreement to resolve the dispute.
4. If the aeronautical authorities of one Contracting Party consider that an operation or operations intended or conducted by the designated airline of the other Contracting Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 1 of this Article, they may request consultation in accordance with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2021-09-01&g=2021-09-01) (Consultations) of this Agreement with a view to resolving the problem. Any such request shall be accompanied by notice of the reasons for the request.
5. If the Contracting Parties fail to reach a resolution of the problem through consultations, either Contracting Party may invoke the dispute resolution mechanism under [Article 21](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=21&z=2021-09-01&g=2021-09-01) (Settlement of Disputes) of this Agreement to resolve the dispute.
##### Article 14. Capacity
@@ -330,13 +330,13 @@
1. If either Contracting Party considers it desirable to amend any provisions of this Agreement, it may at any time request consultation with the other Contracting Party. Such consultation may be through discussions or by correspondence and shall begin within a period of sixty (60) days from the date of receipt of the request.
2. Any amendment to this Agreement shall be agreed upon by the Contracting Parties and shall be effected through an exchange of diplomatic notes. Such amendment shall enter into force in accordance with the provisions of [Article 27](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=27&z=2020-11-16&g=2020-11-16) (Entry into Force) of this Agreement.
2. Any amendment to this Agreement shall be agreed upon by the Contracting Parties and shall be effected through an exchange of diplomatic notes. Such amendment shall enter into force in accordance with the provisions of [Article 27](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=27&z=2021-09-01&g=2021-09-01) (Entry into Force) of this Agreement.
3. Notwithstanding the provisions of paragraph 2 of this Article, any amendments to the Annex to this Agreement may be agreed upon by the aeronautical authorities of the Contracting Parties, confirmed in writing through an exchange of diplomatic notes, and shall enter into force on a date to be determined in the diplomatic notes. This exception to paragraph 2 of this Article does not apply in case any traffic rights are added to the above-mentioned Annex.
##### Article 23. Multilateral Conventions
If any multilateral convention concerning air transportation enters into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2020-11-16&g=2020-11-16) (Consultations) of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the said multilateral convention.
If any multilateral convention concerning air transportation enters into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with [Article 20](https://wetten.overheid.nl/jci1.3:c:BWBV0006888&artikel=20&z=2021-09-01&g=2021-09-01) (Consultations) of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the said multilateral convention.
##### Article 24. Termination
2020-11-16
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden,
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