LegalizeVerdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Republiek Finland
The Kingdom of the Netherlands, in respect of Sint Maarten,
and
the Republic of Finland, (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 promote their mutual relations in the field of civil aviation and to conclude an agreement for the purpose of establishing air services between and beyond their respective territories;
Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;
Desiring to facilitate the expansion of international air service opportunities;
Desiring to ensure the highest degree of safety and security in international air services and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air services and undermine public confidence in the safety of civil aviation;
Desiring to make it possible for airlines to offer the travelling and shipping public a variety of service options and wishing to encourage individual airlines to develop and implement innovative and competitive prices;
Have agreed as follows:
Article 1. Definitions
For the purposes of this Agreement, unless otherwise stated, the term:
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- “aeronautical authorities” means, in the case of the Republic of Finland, the Civil Aviation Authority; in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, the Minister of Tourism, Economic Affairs, Traffic and Telecommunication, responsible of Aviation; or, in either case, any person or body authorised to perform any functions at present exercised by the said aeronautical authorities or similar functions;
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- “Agreement” means this Agreement, its Annex, and any amendments to the Agreement or to the Annex;
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- “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including any amendment that has entered into force under Article 94 of the Convention and has been ratified by both Contracting Parties, and any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annexes or amendments are at any given time effective for both Contracting Parties;
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- “designated airline” means an airline designated and authorised in accordance with Article 3 of this Agreement;
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- “tariff” means any fare, rate or charge for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air service including surface transportation in connection with international air transportation, if applicable, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
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- “territory”, “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meaning specified in Articles 2 and 96 of the Convention; and
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- “user charges” means a charge imposed on airlines for the provision of airport, air navigation or aviation security facilities or services including related services and facilities.
Article 2. Grant of Rights
Each Contracting Party grants to the other Contracting Party the following rights in respect of international air services operated by airlines established in the latter Contracting Party:
- a. the right to fly across its territory without landing;
- b. the right to make stops for non-traffic purposes in its territory.
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the Annex to this Agreement. Such services and routes are hereinafter called “the agreed services” and “the specified routes” respectively. While operating an agreed service on a specified route the airline(s) designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph 1 of this Article, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Annex to this Agreement for the purpose of taking up and/or putting down international traffic in passengers, cargo and mail, separately or in combination.
On any segment or segments of the routes in the Annex to this Agreement, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated.
Nothing in this Agreement shall be deemed to confer on a designated airline of one Contracting Party the right of taking on, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party. In respect of Finland no commercial traffic rights shall be exercised by the designated airlines of Finland between Sint Maarten and the Netherlands (including the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba), between Sint Maarten and Curacao, and between Sint Maarten and Aruba.
The designated airline(s) of the Contracting Parties may, at any given time, exercise fifth freedom traffic rights to intermediate points and/or to beyond points as specified in the Annex. Such intermediate and beyond points may be freely chosen and altered by the designated airlines of the Contracting Parties and the designated airline(s) shall notify accordingly to the aeronautical authorities of the other Contracting Party.
Article 3. Designation and Authorisation
Each Contracting Party shall have the right to designate an airline or airlines for the purpose of operating the agreed services and to withdraw or alter such designations. Such designations shall be made in writing and transmitted to the other Contracting Party through diplomatic channels and shall identify the extent to which the airline is authorised to conduct the type of air transport specified in this Agreement.
Upon receipt of the notice of such a designation and of applications from the designated airline, in the form and manner prescribed for operating authorisations and technical permissions, the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
- a). in the case of an airline designated by Finland:
- (i). the airline is established in the territory of Finland 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 European Union Member State responsible for issuing its Air Operator Certificate and the relevant aeronautical authority is clearly identified in the designation;
- b). in the case of an airline designated by Sint Maarten:
- (i). the airline is established in the territory of Sint Maarten and is licensed in accordance with the applicable law of Sint Maarten; and
- (ii). Sint Maarten has and maintains effective regulatory control of the airline; and
- 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 considering the application or applications.
When an airline has been so designated and authorised it may begin at any time to operate the agreed services, provided that the airline complies with all applicable provisions of the Agreement.
Article 4. Revocation of Authorisation
Either Contracting Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party where:
- a). in the case of an airline designated by Finland:
- (i). the airline is not established in the territory of Finland 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 European Union Member State responsible for issuing its Air Operator Certificate, or the relevant aeronautical authority is not clearly identified in the designation;
- b). in the case of an airline designated by Sint Maarten:
- (i). the airline is not established in the territory of Sint Maarten and is not licensed in accordance with the applicable law of Sint Maarten; or
- (ii). Sint Maarten is not maintaining effective regulatory control of the airline; or
- c). these airlines have failed to comply with the laws and regulations referred to in Article 5 of this Agreement.
Unless immediate revocation, suspension, limitation 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 with the aeronautical authorities of the other Contracting Party. Such consultations shall begin within a period of fifteen (15) days from the date of receipt of a request for consultations or as otherwise agreed between the Contracting Parties.
Article 5. Application of Laws and Regulations
The laws and regulations of one Contracting Party governing entry into, or departure from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft while within the said territory shall apply to the designated airline(s) of the other Contracting Party.
The laws and regulations of one Contracting Party governing entry into, stay in or departure from its territory of passengers, crew, cargo or mail, such as formalities regarding entry, exit, emigration and immigration, customs, health and quarantine shall apply to passengers, crew, cargo and mail carried by the aircraft of the designated airline(s) of the other Contracting Party, while they are within the said territory.
Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purposes shall, except in respect of security measures against acts of violence, smuggling of narcotics and air piracy, be subject to no more than a simplified control.
Neither Contracting Party shall give preference to its own or any other airline over a designated airline of the other Contracting Party engaged in similar international air services in the application of its immigration, customs, quarantine and similar regulations.
Article 6. Exemption from Taxes, Customs Duties and other Charges
Aircraft operating on international air services by a designated airline of one Contracting Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all taxes, customs duties, inspection fees and other similar charges on arriving in the territory of the other Contracting Party, provided such equipment, spare parts, supplies and stores remain on board the aircraft up to such time as they are re-exported or are used or consumed by such aircraft on flights over that territory.
There shall also be exempt from the taxes, duties, fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:
- a). aircraft stores taken on board in the territory of one Contracting Party, within reasonable limits, for use on an outbound aircraft engaged in an international air service of a designated airline of the other Contracting Party;
- b). spare parts, including engines, introduced into the territory of one Contracting Party for the maintenance or repair of aircraft engaged in an international air service of a designated airline of the other Contracting Party;
- c). fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of one Contracting Party for use in an international air service by a designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the first mentioned Contracting Party, in which territory they are taken on board;
- d). airline documents, such as tickets and air waybills, as well as publicity and promotional material within reasonable limits, intended for use by a designated airline of one Contracting Party and introduced into the territory of the other Contracting Party.
Materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision or control.
The regular airborne equipment, as well as the materials, supplies and spare parts normally retained on board aircraft operated by a designated airline of one Contracting Party, may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that Contracting Party. In such case, they may be placed under the supervision of the said customs authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
Baggage and cargo in direct transit across the territory of a Contracting Party shall be exempt from taxes, customs duties, fees and other similar charges not based on the cost of services on arrival or departure.
The exemptions provided for by this Article shall also be available where the designated airlines of one Contracting Party have contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraphs 1 and 2 of this Article.
Nothing in this Agreement shall prevent Finland from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline of Sint Maarten that operates between a point in the territory of Finland and another point in the territory of Finland or in the territory of another European Union Member State.
Article 7. Capacity provisions
Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to compete in providing and selling the international air services covered by this Agreement.
Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air services it offers based upon commercial considerations in the marketplace.
Neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by a designated airline of the other Contracting Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
Neither Contracting Party shall impose on the other Contracting Party's designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.
Each Contracting Party may require the filing of traffic programmes and individual flights or operational plans by the designated airlines of the other Contracting Party. The administrative burden of filing requirements shall be minimized and all filings shall be dealt with promptly by the respective aeronautical authorities.
Article 8. Tariffs
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.