Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Coöperatieve Republiek Guyana

PREAMBLE

The Kingdom of the Netherlands

and

the Cooperative Republic of Guyana,

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 civil aviation;

Desiring to guarantee the highest level of safety and security in international air transport;

Desiring to conclude an Agreement between the Kingdom of the Netherlands and the Cooperative Republic of Guyana for Air Services between and beyond their respective Territories;

Have agreed as follows:

CHAPTER I. INTRODUCTION

Article 1. Definitions

• a). the term “Aeronautical Authorities“ means for the Kingdom of the Netherlands, the Minister of Infrastructure and Water Management of the Netherlands; for the Cooperative Republic of Guyana, the Minister responsible for Transport; 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 Annex, as well as any amendment to the Agreement or the Annex;

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

• e). 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;

• f). 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 have been ratified by both Contracting Parties;

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

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

• i). the term “Tariff” means any amount, excluding governmental levies, charged or to be charged by the Airline, directly or through their 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 Tariff; and

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

• j). 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;

• k). 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;

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

• m). the term “Place of Effective Management” means the place where key management and commercial decisions that are necessary for the conduct of the entity’s business as a whole are in substance made. All relevant facts and circumstances must be examined to determine the place of effective management. An entity may have more than one place of management, but it can have only one place of effective management at any one time;

• n). 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;

• o). the term “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius and Saba;

• p). the term “the Netherlands” means:

• (i). the European part of the Netherlands, and

• (ii). the Caribbean part of the Netherlands;

• q). the term “residents of the Caribbean part of the Netherlands” means residents with the nationality of the Kingdom of the Netherlands originating from the Caribbean part of the Netherlands.

CHAPTER II. OBJECTIVES

Article 2. Grant of Rights

• a). the right to fly across its Territory without landing;

• b). the right to make stops for non-traffic purposes in its Territory; 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, either separately or in combination.

Article 3. Designation and Authorization

• a). in case an Airline in the European part of the Netherlands, is designated by the Kingdom of the Netherlands:

• (i). the Airline 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 case an Airline in the Caribbean part of the Netherlands, is designated by the Kingdom of the Netherlands:

• (i). the Airline is established in the Caribbean part of the Netherlands and has a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; and

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

• (iii). the Airline is owned, directly or through majority ownership, and is effectively controlled by residents of the Caribbean part of the Netherlands;

• c). in case an Airline is designated by the Cooperative Republic of Guyana: and that:

• (i). the Airline is established in the Territory of the Cooperative Republic of Guyana and has a valid Operating Licence from a Member State of Caricom in accordance with the applicable law of that State; and

• (ii). effective regulatory control of the Airline is exercised and maintained by the Member State of Caricom 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 and shall continue to be owned directly or through majority ownership, and the Airline is effectively controlled by a Caricom Member State and/or by nationals of such State;

• d). the Airline is maintaining and administering the standards set forth in Article 15 (Safety) and Article 16 (Aviation Security) of this Agreement;

• e). the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Services by the Contracting Party considering the application or applications.

Article 4. Revocation and Suspension of Authorization

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

• (i). the Airline 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 case an Airline in the Caribbean part of the Netherlands, is designated by the Kingdom of the Netherlands:

• (i). the Airline is not established in the Caribbean part of the Netherlands and does not have a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; or

• (ii). effective regulatory control of the Airline is not exercised or not maintained by the Netherlands; or

• (iii). the Airline is not owned, directly or through majority ownership, or is not effectively controlled by residents of the Caribbean part of the Netherlands;

• c). in case an Airline is designated by the Cooperative Republic of Guyana:

• (i). the Airline is not established in the Territory of the Cooperative Republic of Guyana or does not have a valid Operating Licence from a Member State of Caricom in accordance with the applicable law of that State; or

• (ii). effective regulatory control of the Airline is not exercised or not maintained by the Member State of Caricom 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 a Caricom Member State and/or by nationals of such State;

• d). in case the Airline has failed to comply with the laws and regulations referred to in Article 13 (Application of Laws, Regulations and Procedures) of this Agreement;

• e). in any case the Airline is not maintaining and administering the standards set forth in this Agreement, especially in Articles 15 (Safety) and 16 (Security) of this Agreement;

• f). 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; or

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

CHAPTER III. COMMERCIAL PROVISIONS

Article 5. Tariffs

• a). prevention of unreasonably discriminatory Tariffs or practices;

• b). protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and

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

• a). an Airline of either Contracting Party for International Air Services between the Territories of the Contracting Parties; or

• b). an Airline of one Contracting Party for International Air Services between the Territory of the other Contracting Party and that of any other country.

Article 6. Commercial Activities