Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Democratische Socialistische Republiek Sri Lanka

The Kingdom of the Netherlands

and

the Democratic Socialist Republic of Sri Lanka, 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 Service;

Desiring to conclude an Agreement between the Kingdom of the Netherlands and the Democratic Socialist Republic of Sri Lanka 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

• a. the term “Aeronautical Authorities” means for the Kingdom of the Netherlands, the Ministry of Infrastructure and Water Management; for the Democratic Socialist Republic of Sri Lanka, the Minister in charge of the subject of Civil Aviation; 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 this Agreement or to its Annex;

• d. the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-commercial 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 the 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 an 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, fare, rate or charge charged or to be charged by Airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and/or 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 as well as any other mode(s) of transportation in connection therewith which are offered by Airlines;

• j. the term “Territory” in relation to either Contracting Party has the meaning assigned to it in Article 2 of the Convention;

• k. the term “User Charge” means a charge imposed by the competent authorities or permitted by them to be made on Airlines for the provision of appropriate airport, air navigation, and/or aviation security property, facilities and/or services at the airport or within the airport system, including related services and facilities for aircraft, their crews, passengers and cargo;

• l. the term “Capacity” means the amount(s) of services provided under this Agreement, usually measured in the number of flights (frequencies) or seats or tons of cargo offered in a market (city pair or country-to-country) or on a Specified Route during a specific period, such as daily, weekly, seasonally or annually;

• m. the term “Airport Slot” (or “Slot”) means the permission given by a coordinator to use the full range of airport infrastructure necessary to operate a planned Air Service at a Slot coordinated airport on a specific date and time for the purpose of landing or take-off;

• n. the term “the Netherlands” means the European part of the Netherlands;

• o. the term “European Union Member State” means a state that is now or in the future a party to the Treaty on European Union and the Treaty on the Functioning of the European Union;

• p.

• i. references in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of European Union Member States;

• ii. references in this Agreement to Airlines of the Kingdom of the Netherlands shall be understood as referring to Airlines designated by the Kingdom of the Netherlands;

• iii. references in this Agreement to the “European Union Treaties” shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union.

CHAPTER II. OBJECTIVES

Article 2. Grant of rights

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

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

• c. while operating an Agreed Service on a Specified Route, the right to make stops in the Territory of the other Contracting Party for the purposes of taking up and discharging international traffic in passengers, baggage, cargo and mail, separately or in combination.

Article 3. Designation and Authorization

• a. in the case an Airline is designated by 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 License 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; 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 an Airline is designated by the Democratic Socialist Republic of Sri Lanka: and that:

• i. the Airline is incorporated and has its principal place of business in the Territory of the Democratic Socialist Republic of Sri Lanka; and

• ii. the Democratic Socialist Republic of Sri Lanka has and maintains effective regulatory control of the Airline; and

• iii. the Airline holds a current Air Operator’s certificate issued by the Aeronautical Authority of the Democratic Socialist Republic of Sri Lanka;

• c. the Contracting Party designating the Airline is maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement; and

• d. the Designated Airline(s) is/are 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 the case an Airline is designated by 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 License 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; 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; or

• iv. the Airline is already authorized to operate under a bilateral agreement between Sri Lanka and another European Union Member State and by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by the other agreement; or

• v. the Airline designated holds an Air Operator’s Certificate issued by a European Union Member State with which Sri Lanka does not have a bilateral Air Service Arrangement and that Member State has denied traffic rights to Sri Lanka,

• b. in the case an Airline is designated by the Democratic Socialist Republic of Sri Lanka:

• i. the Airline is not incorporated and does not have its principal place of business in the Territory of the designating party; or

• ii. the Democratic Socialist Republic of Sri Lanka does not have or maintain effective regulatory control of the Airline; or

• iii. the Airline does not hold a current Air Operator’s certificate issued by the Aeronautical Authority of the Democratic Socialist Republic of Sri Lanka;

• c. in case the other Contracting Party is not maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement; or

• d. in the event such Airline fails 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.

CHAPTER III. COMMERCIAL PROVISIONS

Article 5. Tariffs

• a. the protection of consumers from Tariffs that are excessive due to the abuse of market power;

• b. the prevention of Tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.