Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Trinidad en Tobago

The Kingdom of the Netherlands, in respect of Curaçao,

and

the Republic of Trinidad and Tobago (hereinafter referred to individually as the “Contracting Party” and collectively as the “Contracting Parties”);

Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;

Desiring to facilitate the expansion of international air service opportunities;

Recognising that efficient and competitive international air services enhances trade and economic growth;

Desiring to ensure the highest degree of safety and security in international air services; and

Recalling the Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Trinidad and Tobago relating to air services between and beyond the Netherlands Antilles and Trinidad and Tobago, signed at Port of Spain, on 24 September 1997;

Have agreed as follows:

Article 1. Definitions

• a). the term “aeronautical authorities” means, in the case of Trinidad and Tobago, the Minister for Transport and the Civil Aviation Authority of Trinidad and Tobago; in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation; or, in both cases, any person or body who may be authorised to perform any functions at present exercisable by the above-mentioned persons or bodies or similar functions;

• b). the term “Agreement” means this Agreement, its Annex and any amendments thereto;

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

• d). the term “Caribbean Community Member State” means a Member State of the Revised Treaty of Chaguaramas establishing the Caribbean Community;

• e). 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 Convention under Articles 90 and 94 thereof, insofar as such Annexes or amendments have become effective for both Contracting Parties;

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

• g). the term “tariff” means any fare, rate or charge for the carriage of passengers, baggage or cargo (excluding mail) in air transportation (including any other mode of transportation in connection therewith) charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;

• h). the term “territory” in relation to a Contracting Party has the meaning assigned to it in Article 2 of the Convention and includes the archipelagic waters and territorial seas together with the airspace above these areas under the sovereignty of the State;

• i). the term “user charges” means a charge made to airlines by the competent authority or permitted by that authority to be made, 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 flight crew, passengers and cargo;

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

• k). all references to words in the singular shall be construed to include the plural and all references to words in the plural shall be construed to include the singular as the context requires.

Article 2. Grant of Rights

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

• b). the right to make stops in its territory for non-traffic purposes;

• c). the right, in accordance with the terms of their designations, to make stops at points specified in the Route Schedule in the Annex to this Agreement for the purpose of taking on board and discharging passengers, baggage, cargo, mail, separately or in combination, coming from or destined for points on the specified routes; and

• d). the rights otherwise specified in this Agreement.

Article 3. Designation and Authorisation

• a). the airline is established in and has a valid Air Operator’s Certificate in the other Contracting Party; or, in the case of Trinidad and Tobago, is established in and has a valid Air Operator’s Certificate in a Caribbean Community Member State; and

• b). effective regulatory control of the airline is exercised and maintained by the other Contracting Party; or, in the case of Trinidad and Tobago, by a Caribbean Community Member State, in accordance with sub-paragraph (a) of this paragraph, which is responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

• c). the airline is owned directly or through majority ownership by either Contracting Party or its nationals; or, in the case of Trinidad and Tobago, by any Caribbean Community Member State or nationals of such States in accordance with sub-paragraph (a) of this paragraph and shall at all times be effectively controlled by such States or its nationals; and

• d). the airline is able to satisfy the aeronautical authorities of the Contracting Party receiving the designation that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such aeronautical authorities in conformity with the Convention; and

• e). the Contracting Party designating the airline is in compliance with Article 8 (Aviation Safety) and Article 9 (Aviation Security) of this Agreement.

Article 4. Withholding, Revocation, Suspension and Limitation of Operating Authorisation or Technical Permission

• a). where it is not satisfied that the provisions of Article 3 (Designation and Authorisation) of this Agreement are being met; or

• b). in the case of failure by that airline to comply with the laws or regulations in force in the territory of the Contracting Party granting these rights; or

• c). in case the designated airline otherwise fails to operate the agreed services in accordance with the conditions prescribed under this Agreement; or

• d). the airline is unable to satisfy the aeronautical authorities of the Contracting Party receiving the designation that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such aeronautical authorities in conformity with the Convention; or

• e). the Contracting Party designating the airline is not in compliance with Article 8 (Aviation Safety) or Article 9 (Aviation Security) of this Agreement; or

• f). the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or in the case of an airline of a Caribbean Community Member State designated by Trinidad and Tobago:

• g). the airline is already authorised to operate under a bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and another Caribbean Community Member State other than Trinidad and Tobago, and it can be demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in that other Caribbean Community Member State, including the operation of a service which is marketed as, or otherwise constitutes, a through service, the airline would in effect be circumventing restrictions on the traffic rights imposed by the bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and that other Caribbean Community Member State; or

• h). the airline designated holds an Air Operators’ Certificate issued by a Caribbean Community Member State other than Trinidad and Tobago and there is no bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and that Caribbean Community Member State and it can be demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the airlines designated the Kingdom of the Netherlands, in respect of Curaçao; or

• i). is not satisfied that effective regulatory control is exercised by the Caribbean Community Member State.

Article 5. Application of Laws

Article 6. Direct Transit

Passengers, baggage, cargo and mail in direct transit through the territory of each Contracting Party and not leaving the area of the airport reserved for such purpose shall not be subject to further examination except for reasons of aviation security, narcotics control, prevention of illegal entry or in special circumstances. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Article 7. Recognition of Certificates and Licences

Article 8. Aviation Safety