Agreement between the Kingdom of the Netherlands and the
Kingdom of Spocania relating to Civil Air Transport
The Government of the Kingdom of the Netherlands and the Government of the
Kingdom of Spocania, hereinafter referred to as the Contracting Parties,
Desiring to conclude an Agreement for the purpose of establishing air services
between and beyond their respective territories,
With a view to facilitating the friendly contacts between the Peoples of the
Netherlands and Spocania, developing the mutual relations between the two
countries in respect of civil air transportation,
Have agreed as follows:
ARTICLE 1
For the purpose of the present Agreement:
- The term "Aeronautical Authorities" means, in the case of the Kingdom of the
Netherlands, Minister van Verkeer en Waterstaat and in the case of the Kingdom
of Spocania Minister of Transport or, in both cases, any other authority or body
empowered to perform the functions now exercised by the said Authorities;
- The term "Agreed services" means scheduled air services for the transport of
passengers, baggage, cargo and mail on the routes specified in the Annex to this
Agreement;
- The term "Designated airline" means an airline designated in accordance with
Article 3 of this Agreement;
- The term "Air service" means any scheduled air service performed by aircraft
for the public transport of passengers, baggage, mail or cargo;
- The term "tariff" means the prices to be paid for the carriage of
passengers, baggage and freight and the conditions under which those prices
apply, including prices and conditions for agency and other auxiliary services,
but excluding remuneration or conditions for the carriage of mail.
ARTICLE 2
- Each Contracting Party grants to the other Contracting Party the following
rights for the designated airline or airlines of that other Contracting
Party:
- to fly without landing across the territory of the other Contracting
Party;
- to make stops in the said territory for non-traffic purposes; and
- to make stops in the said territory for the purpose of taking on and putting
down international traffic in passengers, cargo and mail, separately or in
combination, at the points named on the routes specified in the Annex hereto,
drawn up in application of this Agreement, while operating a service on such a
route. Such services and routes are hereafter referred to as "agreed services"
and "specified routes" respectively.
- Nothing in paragraph 1 of this Article shall be deemed to confer on the
designated airline or airlines of one Contracting Party the privilege of taking
up in the territory of the other Contracting Party passengers, cargo and mail
for remuneration or hire and destined for another point in the territory of that
other Party.
ARTICLE 3
- Each Contracting Party shall have the right to designate in writing to the
other Contracting Party one or if agreed upon more airlines for the purpose of
operating the agreed services on the specifiek routes.
- On receipt of such
designation, the other Contracting Party shall, subject to the provisions of
paragraphs 3 and 4 of this Article, without delay grant to the airline or
airlines designated the appropriate operating authorizations.
- The Aeronautical Authorities of one Contracting Party may require an airline
designated by the other Contracting Party to satisfy them 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 Authorities in conformity with internationally accepted
standards and provided that these laws and regulations are not incompatible
with the provisions of the present Agreement.
- Each Contracting Party shall have the right to refuse to grant the operating authorizations
referred to in paragraph 2 of this Article, or to impose such conditions as
it may deem necessary on the exercise by a designated airline of the rights
specified in Article 2, in any case where the said Contracting Party is not
satisfied that substantial ownership and effective control of that airline
are vested in the Contracting Party designating the airline or in its
nationals.
- When an airline has been so designated and authorized, it may begin
at any time to operate the agreed services, provided that tariffs
established in accordance with the provisions of Article 8 of the present
Agreement are in force in respect of that service.
- Each designated airline shall submit to the Aeronautical
Authorities of the other Contracting Party
forty five days prior to the operation of an agreed service, the frequency,
the schedule and the type of aircraft. The same shall apply to subsequent
modifications.
ARTICLE 4
- Each Contracting Party shall have the right to revoke an
operating authorization or to suspend the exercise of the rights specified
in Article 2 of the present Agreement by an airline designated by the other
Contracting Party, or to impose such conditions as it may deem necessary on
the exercise of these rights:
- in any case where it is not satisfied that
substantial ownership and effective control of that airline are vested
in the Contracting Party designating the airline or in nationals of such
Contracting Party or in both, or
- in the case of failure by that airline to
comply with the laws or regulations of the Contracting Party granting these
rights, or
- in case the airline otherwise fails to operate in accordance
with the conditions prescribed under the present Agreement.
- Unless immediate revocation, suspension or imposition of the conditions mentioned
in paragraph 1 of this Article is essential to prevent further infringements
of laws, regulations or the conditions prescribed under the present
Agreement, such right shall be exercised only after consultation with the
other Contracting Party.
ARTICLE 5
- Aircraft operated on international services by the
designated airlines of either Contracting Party, as well as their regular
equipment, spare parts, supplies of fuels and lubricants, and aircraft
stores (including food, beverages and tobacco) on board such aircraft shall
be exempt from all customs duties, inspection fees and other duties or taxes
on arriving in the territory of the other Contracting Party, provided such
equipment and supplies remain on board the aircraft up to such time as they
are re-exported.
- Supplies of fuels, lubricants, spare parts, regular
equipment and aircraft stores introduced into the territory of one
Contracting Party by or on behalf of a designated airline of the other
Contracting Party or taken on board the aircraft operated by such designated
airline and intended solely for use in the operation of international
services shall be exempt from all national duties and charges, including
customs duties and inspection fees imposed in the territory of the first
Contracting Party, even when these supplies are to be used on the parts of
the journey performed over the territory of the Contracting Party in which
they are taken on board. The materials referred to above may be required to
be kept under customs supervision or control.
- The regular airborne
equipment, spare parts, aircraft stores and supplies of fuels and lubricants
retained on board the aircraft of either Contracting Party may be unloaded in
the territory of the other Contracting Party only with the approval of the
customs authorities of that Party, who may require that those materials be
placed under their supervision up to such time as they are re-exported or
otherwise disposed of in accordance with customs regulations.
ARTICLE 6
- The laws and regulations of one Contracting Party relating
to the admission to, stay in, departure from and navigation in its
territory of aircraft engaged in the operation of international air services
as well as the laws and regulations relating to the admission to, stay in
and departure from its territory of passengers, crew, baggage, cargo and mail
shall be applicable to the aircraft of the airline or airlines designated
by the other Contracting Party and the crew, passengers, baggage, cargo and
mail carried by such aircraft while in the territory of the first
Contracting Party.
- Each Contracting Party shall take such measures in
connection with the arrival and the departure of aircraft, as are required
in accordance with the international regulations for the prevention of
the spread of communicable diseases.
ARTICLE 7
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 purpose shall except in respect of security measures against
violence and air piracy be subject only to a very simplified control. Baggage
and cargo in direct transit shall be exempt from customs duties and other
similar taxes.
ARTICLE 8
- The tariffs to be charged by the airline of one Contracting
Party for carriage to or from the territory of the other Contracting Party
shall be established at reasonable levels, due regard being paid to all
relevant factors, including cost of operation, reasonable profit, and the
tariffs of other airlines.
- The tariffs referred to in paragraph 1 of this
Article shall, if possible, be agreed by the airlines concerned of both
Contracting Parties, after consultation with the other airlines operating
over the whole or part of the route, and such agreement shall, wherever
possible, be reached by the use of the procedures of the International Air
Transport Association for the working out of tariffs.
- The tariffs so agreed
shall be submitted for the approval of the Aeronautical Authorities of both
Contracting Parties at least sixty days before the proposed date of their
introduction. In special cases, this period may be reduced, subject to the
agreement of the said Authorities.
- This approyal may be given expressly.
If neither of the Aeronautical Authorities has expressed disapproval within
forty five days from the date of submission, in accordance with paragraph
3 of this Article, these tariffs shall be considered as approved. In the
event of the period for submission being reduced, as provided for in
paragraph 3, the Aeronautical Authorities may agree that the period within
which any disapproval must be notified shall be less than forty five days.
- If a tariff cannot be agreed in accordance with paragraph 2 of this
Article, or if, during the period applicable in accordance with paragraph 4
of this Article, one Aeronautical Authority gives the other Aeronautical
Authority notice of its disapproval of any tariff agreed in accordance with
the provisions of paragraph 3, the Aeronautical Authorities of both
Contracting Parties shall, after consultation with the Aeronautical
Authorities of any other State whose advise they consider useful, endeavour
to determine the tariff by mutual agreement.
- If the Aeronautical Authorities cannot agree on any tariff submitted to
them under paragraph 3 of this Article, or on the determination of any
tariff under paragraph 5 of this Article, the dispute shall be settled in
accordance with the provisions of Article 16 of the present Agreement.
- A tariff established in accordance with the provisions of this Article shall
remain in force until a new tariff has been established.
- The designated
airline or airlines of both Contracting Parties may not charge tariffs
different from those which have been approved in conformity with paragraph 2
above.
ARTICLE 9
- Either Contracting Party grants to the airline or airlines
of the other Contracting Party the right of free transfer of funds in
convertible currency obtained by each in the normal course of its
operations.
Such transfers shall be made on the basis of prevailing foreign
exchange market rates for current payments and shall be subject only to the
respective foreign currency regulations applicable to all countries in like
circumstances, for the purpose of safeguarding the external financial
position and balance of payments. The transfer of funds shall not be subject
to any charges except those normally collected by banks for such
operations.
Wherever the payments system between the Contracting Parties
is governed by a special agreement, this special agreement shall apply.
- Income or profits derived by an airline, which is resident for purposes of
income taxation in the territory of one Contracting Party, from the
operation by it of an aircraft in international traffic shall be exempt from
any income tax and all other taxes on profits imposed by the government of
the other Contracting Party.
ARTICLE 10
- Every aircraft used on the agreed services shall:
- bear its appropriate nationality and registration marks;
- carry the following documents:
- its certificate of registration;
- its certificate of airworthiness;
- the appropriate licences or certificites for each crew member;
- the aircraft radio station licence;
- the journey log book, which may be a loose-leaf document;
- cargo manifest(s).
- Certificates of airworthiness,
certificates of competency and licences issued or rendered valid by one
Contracting Party shall be recognized as valid by the other Contracting
Party. However, each Contracting Party reserves the right to refuse to
recognize certificates of competency and licences granted to any of its
nationals by the other Contracting Party.
ARTICLE 11
- Each Contracting Party shall designate in its territory the airports and
alternate airports to be used by the designated airline or airlines of the other
Contracting Party for the operation of the specified routes, and shall provide
the latter with communications and navigational services, meteorological and
other auxiliary services in its territory as are required for the safe and
regular operation of the agreed services.
- The Aeronautical Authorities of
one Contracting Party may impose just and reasonable charges for the use by
the designated airline or airlines of the other Contracting Party of
airports and other facilities under its control, as well as for the
provision of related services and buildings, provided that such charges
shall not be higher than the charges imposed upon its own airlines engaged
in similar international services.
- Neither of the Contracting Parties
shall give a preference to its own or any other airline over the designated
airline or airlines of the other Contracting Party in the provision of
facilities and services relating to customs, immigration and quarantine or
in the use of airports, airways and other facilities under its control.
ARTICLE 12
- Each Contracting Party undertakes to provide the same
measures of assistance to aircraft of the other Contracting Party in
distress in its territory as it would provide to its national aircraft. It
shall permit as much as possible and subject to control by its own
authorities, the operator and/or the authorities of the Contracting Party in
which the aircraft is registered to provide such measures of assistance as
may be necessitated by the circumstances.
- Each Contracting Party undertakes
to provide the best possible assistance to aircraft of the other Contracting
Party, also if the aircraft is in distress above the high seas but within
the flight information region of the first Contracting Party.
- In case of emergency landing or accident each Contracting Party shall render without
delay all necessary and useful aid to the aircraft of the other Contracting
Party, to their crew and passengers; they shall further protect the mail,
baggage and cargo carried on board and they shall reforward them as soon as
possible. The costs incurred will be borne by the airline in the interest of
which the above services have been rendered.
- If, in case of emergency
landing or accident, serious damage is caused to the aircraft or to its
equipment, or personal injury or even death has occured, and further in case
of serious material loss arising on the surface of the earth, the
Aeronautical Authorities on the territory of which the event occured shall
immediately open an inquiry and simultaneously inform the Aeronautical
Authorities of the other Contracting Party, inviting them to appoint
representatives to take part in the inquiry.
Those representatives shall
be given the possibility to travel as soon as possible to the place where
the emergency landing or the accident occured.
- If the Aeronautical
Authorities of the invited Contracting Party do not send their
representatives within forty eight hours after being informed about the
granting of an entry visa, the inquiry can be terminated without their
participation.
The Aeronautical Authorities of the Contracting
Party that carries out the inquiry shall give detailed information to the
Aeronautical Authorities of the other Contracting Party and shall put at their
disposal one original copy of the official report and findings of the inquiry
whether their representatives have taken part in the inquiry or not.
ARTICLE 13
- The designated airline or airlines of each Contracting
Party shall be granted the right to station representatives and staff
required for the operation of the agreed services at the points of call on
the specified routes in the territory of the other Contracting Party. Such
representatives and staff shall be nationals of the Kingdom of Spocania or
the Kingdom of the Netherlands and their number shall be agreed upon through
consultation between the designated airlines of both Contracting Parties and
shall be subject to the approval of the competent authorities of both
Contracting Parties. Exemptions with regard to the nationality of
representatives and staff shall be subject to the approval of the competent
authorities of both Contracting Parties. Such representatives and staff
shall observe the laws and regulations in force of the other Contracting
Party.
- If required by a designated airline of one Contracting Party, the
other Contracting Party shall render all possible assistance to that airline
in obtaining the facilities necessary for the work and sojourn of its
representatives and staff.
- Each Contracting Party shall make provision at
its airports for the same measures to ensure the safety of aircraft and
their supplies of fuel, oil and lubricants, equipment and other property of
the designated airline or airlines of the other Contracting Party as
would be provided for similar property of its own designated airline or
airlines.
ARTICLE 14
- In case a designated airline of one Contracting Party
desires to operate additional flights an the specified route(s), it shall,
under normal circumstances, give notice to the Aeronautical Authorities of
the other Contracting Party at least two workingdays before the day of
operation and the flights can be operated after approval has been obtained
therefrom.
- Applications for charterflights to be operated apart from the
agreed services or from the flights mentioned in paragraph 1 above shall be
made according to the rules and regulations of the other Contracting Party.
ARTICLE 15
- If either of the Contracting Parties considers it desirable
to modify any provisions of the present Agreement or its Annex, it may
request consultations with the other Contracting Party. Such consultations,
which may be between the respective Aeronautical Authorities and which may
be through discussion or by correspondence, shall begin within a period of
sixty (60) days from the date of the request.
- Any modifications of the
present Agreement decided upon during the consultations referred to in
paragraph 1 above, shall be agreed upon in writing between the Contracting
Parties and shall take effect on the date on which the Contracting Parties
have informed each other in writing that the formalities constitutionally
required therefore in their respective countries have been complied with.
- The respective Aeronautical Authorities are entitled to agree in writing
upon any modifications of the Annex to the present Agreement decided by them
during the consultations referred to in paragraph 1 above. Such
modifications shall take effect on a date to be determined in an exchange of
diplomatic notes.
ARTICLE 16
- Both Contracting Parties shall ensure the correct
implementation of the present Agreement in a spirit of close cooperation and
mutual support. If any difference of opinion arises in respect of the
interpretation or implementation of this Agreement, the designated airlines
of both Contracting Parties shall endeavour to settle it directly through
consultation in a spirit of friendly cooperation and mutual understanding.
Failing to reach agreement, the Aeronautical Authorities of both Contracting
Parties shall settle such difference of opinion through consultation.
Consultations between the Civil Aviation Authorities shall begin within a
period of sixty (60) days from the date of the request by one of the
Contracting Parties. If agreement still cannot be reached, the Contracting
Parties shall settle the difference of opinion through diplomatic channels.
- In case of any differente of opinion between the Contracting Parties with
regard to the right interpretation of one or more provisions in the present
Agreement, the English text shall be the base for this interpretation.
ARTICLE 17
Either Contracting Party may at any time give notice to the
other Contracting Party of its desire to terminale this Agreement. The Agreement
shall then terminate twelve months after the date of receipt of the notice by
the other Contracting Party. If the above notice is withdrawn in agreement with
the other Contracting Party before the expiry of this period, this Agreement
shall continue to be in force.
ARTICLE 18
As regards the Kingdom of the Netherlands the present Agreement
shall be applicable to the Kingdom in Europe only.
ARTICLE 19
The present Agreement shall be provisionally applicable from the date of its signature and
shall come into force on a date to be laid down in an exchange of diplomatic notes, which
shall state that the formalities constitutionally required therefore in their respective
countries have been complied with.
IN WITNESS whereof the undersigned plenipotentiaries, being duly authorized thereto by
their respective Governments, have signed the present Agreement.
DONE at 24 JUNE 1983 in duplicate in the English, and Spocanian languages.
For the Government of
the Kingdom of the Netherlands
|
For the Government of
the Kingdom of Spocania
|
| |
N. Smit-Kroes
|
L. Emmerliyst-Oliyi
|
SCHEDULE
- Route to be served in both directions by the designated airline of the Kingdom of
Spocania:
Hirdo - Intermediate Points to be nominated -
Amsterdam and/or Rotterdam - Points Beyond to be nominated.
- Route to be served in both directions by the designated airline of the Kingdom of
the Netherlands:
Rotterdam - Intermediate Points to be nominated - Hirdo and/or
Amahagge - Points Beyond to be nominated.
- Points on each route may, at the
option of the designated airlineconcerned, be omitted on any or all fights.
- After a point to be nominated has been so nominated, such point shall be
considered as being a point specified in the route schedule and cannot be
changed unilaterally.
- The designed airline shall have the right to serve
intermediate points other than those specified in their respective route
schedules provided that no traffic rights are exercised between such points
and the point in the territory of the other Contracting Party, unless
otherwise agreed.
- Points on the specified routes may be served in any order.
MEMORANDUM OF UNDERSTANDING
A delegation of the Government of the
Kingdom of Spocania and a delegation of the Government of the Kingdom of the
Netherlands have held discussions on 24 June 1983 in order to reach consensus of
opinion on the text of an agreement concerning air services between and in
transit through their respective territories.
The result of the discussions,
which were held in an excellent atmosphere, is that both parties agreed to the
text of an air services agreement including an annex.
At the same time it was
agreed that as long as Spocanian Airways will serve Amsterdam, the point of
destination in the Netherlands twice a week, the designated Netherlands air
carrier will have the right to serve Hirdo and/or Amahagge three times a week.
For the Government of
the Kingdom of the Netherlands,
|
For the Government of
the Kingdom of Spocania,
|
| |
N. Smit-Kroes
|
L. Emmerliyst-Oliyi
|
TOP
|
