2013-06-25 | BWBV0002742 | Overeenkomst tussen het Koninkrijk der Nederlanden en de Staat Bahrein inzake diensten tussen en via hun onderscheiden grondgebieden
This commit is contained in:
parent
9f494b41ed
commit
0866cbd116
1 changed files with 93 additions and 41 deletions
|
|
@ -16,22 +16,20 @@ citeertitel: Overeenkomst tussen het Koninkrijk der Nederlanden en de Staat Bahr
|
|||
|
||||
For the purpose of this Agreement and its Annex, unless the context otherwise requires:
|
||||
|
||||
a) the term "the Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of 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 been ratified by both Contracting Parties;
|
||||
b) the term "aeronautical authorities" means:
|
||||
a) the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of 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 been ratified by both Contracting Parties;
|
||||
b) The term “aeronautical authorities” means:
|
||||
|
||||
- for the Kingdom of the Netherlands the Minister of Transport and Public Works;
|
||||
- for the State of Bahrain the Minister of Development and Industry;
|
||||
– in the case of The Kingdom of Bahrain Civil Aviation Affairs, and any person or body legally approved to perform any function at present exercised by the above mentioned authority or similar functions; and
|
||||
– in the case of the Kingdom of the Netherlands the Minister of Infrastructure and Environment or any person or body authorized to perform functions exercised by the said Minister;
|
||||
c) the term “designated airline” means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
|
||||
d) the term “territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
|
||||
e) the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meaning respectively assigned to them in Article 96 of the Convention;
|
||||
f) the terms “agreed service” and “specified route” mean international air service pursuant to Article 2 of this Agreement and the route specified in the appropriate section of the Annex to this Agreement respectively;
|
||||
g) the term “stores” means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;
|
||||
h) the term “Agreement” means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
|
||||
i) the term “price” means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the age of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:
|
||||
|
||||
or in either case any person or body authorized to perform any functions at present exercised by the said Minister;
|
||||
c) the term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
|
||||
d) the term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention;
|
||||
e) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention;
|
||||
f) the terms "agreed service" and "specified route" mean international air service pursuant to Article 2 of this Agreement and the route specified in the appropriate section of the Annex to this Agreement respectively;
|
||||
g) the term "stores" means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;
|
||||
h) the term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
|
||||
i) the term "tariff" means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the age 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
|
||||
I. the conditions governing the availability and applicability of a price, and
|
||||
II. the charges and conditions for any services ancillary to such carriage which are offered by airlines.
|
||||
|
||||
### Artikel 2
|
||||
|
|
@ -48,48 +46,73 @@ c) while operating an agreed service on a specified route, the right to make sto
|
|||
|
||||
### Artikel 3
|
||||
|
||||
**1.** Each Contracting Party shall have the right by written notification through Diplomatic Channels to the other Contracting Party to designate an airline to operate air services on the routes specified in the Annex and to substitute another airline for an airline previously designated:
|
||||
**1.** Either Contracting Party shall have the right to designate two airlines to operate International Air Services on the routes specified in the Annex and to substitute another airline(s) for an airline(s) previously designated. Such designation shall be transmitted to the other Contracting Party in writing through diplomatic channels.
|
||||
|
||||
**2.** On receipt of such notification, each Contracting Party shall, without delay, grant to the airline so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article.
|
||||
**2.**
|
||||
|
||||
**3.** Upon receipt of the operating authorization of paragraph 2 of this Article the designated airline may at any time begin to operate the agreed services, in part or in whole, provided that it complies with the provisions of this Agreement and that tariffs for such services have been established in accordance with the provisions of Article 5 of this Agreement.
|
||||
On receipt of such a designation the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided:
|
||||
|
||||
**4.** Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article, or to grant this authorization under conditions that may be deemed necessary on the exercise by the designated airline of the rights specified in Article 2 of this Agreement, if it is not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating it or in its nationals or in both.
|
||||
a) in the case of an airline(s) designated by the Netherlands:
|
||||
|
||||
• it is established in the territory of the European part of the Netherlands under the Treaty on the functioning of the European Union and has received a valid Operating Licence in accordance with European Union law; and
|
||||
• 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
|
||||
• the airline is owned, and it is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such states; and
|
||||
b) in the case of an airline(s) designated by the Kingdom of Bahrain:
|
||||
|
||||
• it is established in the territory of the Kingdom of Bahrain and is licensed in accordance with the applicable law of the Kingdom of Bahrain; and
|
||||
• the Kingdom of Bahrain has and maintains effective regulatory control of the airline; and
|
||||
• the airline is owned, and it is effectively controlled by the Kingdom of Bahrain and/or their nationals.
|
||||
c) the designated airline(s) is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the party considering the application.
|
||||
|
||||
### Artikel 4
|
||||
|
||||
**1.**
|
||||
|
||||
The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 3 with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose conditions:
|
||||
Each Contracting Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline(s) designated by the other Contracting Party where:
|
||||
|
||||
a) in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations normally and reasonably applied by these authorities in conformity with the Convention;
|
||||
b) in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;
|
||||
c) in the event that they are not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or in its nationals; and
|
||||
d) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
|
||||
a) In the case of an airline(s) designated by the Netherlands:
|
||||
|
||||
**2.** Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
|
||||
I) it is not established in the territory of the European part of the Netherlands under the Treaty establishing the European Union or does not have a valid Operating License in accordance with European Union law; or
|
||||
II) effective regulatory control of the designated airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator’s Certificate, and the relevant aeronautical authority is not clearly identified in the designation; or
|
||||
III) the airline is not owned, and it 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 the case of an airline designated by the Kingdom of Bahrain:
|
||||
|
||||
I) it is not established in the territory of the Kingdom of Bahrain; or is not licensed in accordance with the applicable law of the Kingdom of Bahrain; or
|
||||
II) the Kingdom of Bahrain is not maintaining effective control of the airline; or
|
||||
III) the airline is not owned, and it is not effectively controlled by the Kingdom of Bahrain and/or their nationals.
|
||||
c) such airline is unable to prove that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied in conformity with the Convention to the operation of international air services by the Contracting Party receiving the designation; or
|
||||
d) the airline fails to comply with the laws and/or regulations of the Contracting Party granting these rights; or
|
||||
e) the airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement.
|
||||
|
||||
**2.** Unless immediate action is essential to prevent further non-compliance with paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
|
||||
|
||||
**3.** This Article does not limit the rights of either Contracting Party to withhold, revoke, limit or impose conditions on the operating authorization of an airline or airlines of the other Contracting Party in accordance with the provisions of Article 13 (Security)
|
||||
|
||||
### Artikel 4 (bis)
|
||||
|
||||
References in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of Member States of the European Union or the European Free Trade Association.
|
||||
|
||||
References in this Agreement to carriers/airlines of the Kingdom of the Netherlands shall be understood as referring to carriers/airlines designated by the Kingdom of the Netherlands.
|
||||
|
||||
### Artikel 5
|
||||
|
||||
**1.** The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their territories shall be those approved by the aeronautical authorities of both Contracting Parties and 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 for any part of the specified route.
|
||||
**1.**
|
||||
|
||||
**2.** Tariffs referred to in paragraph 1 of this Article shall, whenever possible, be agreed by the designated airlines through the use of the procedures of the International Air Transport Association for the fixation of tariffs. When this is not possible the tariffs shall be agreed between the designated airlines. In any case the tariffs shall be subject to the approval of the aeronautical authorities of both Contracting Parties.
|
||||
Each Contracting Party shall allow prices for air transportation to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
|
||||
|
||||
**3.** All tariffs so agreed shall be submitted for approval of the aeronautical authorities of both Contracting Parties at least sixty (60) days before the proposed date of their introduction, except where the said authorities agree to reduce this period in special cases.
|
||||
a. prevention of unreasonably discriminatory prices or practices;
|
||||
b. protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position;
|
||||
c. protection of airlines from prices that are artificially low due to direct or indirect governmental subsidy or support.
|
||||
|
||||
**4.**
|
||||
**2.** Each Contracting Party may require notification to its aeronautical authorities of prices to be charged to or from its territory by airlines of the other Contracting Party.
|
||||
|
||||
Approval of tariffs may be given expressly; or, if neither of the aeronautical authorities has expressed disapproval within thirty (30) days from the date of submission, in accordance with paragraph 3 of this Article, the tariffs shall be considered as approved.
|
||||
**3.**
|
||||
|
||||
In the event of the period of 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 reduced accordingly.
|
||||
Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a price charged or proposed to be charged by (a) an airline of either Contracting Party for international air transportation between the territories of the Contracting Parties, or (b) an airline of one Contracting Party for international air transportation between the territory of the other Contracting Party and any other country.
|
||||
|
||||
**5.** 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 2 of this Article, the aeronautical authorities of the two Contracting Parties shall, endeavour to determine the tariff by mutual agreement.
|
||||
If either Contracting Party considers any such price inconsistent with the considerations set forth in paragraph (1) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall co-operate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall take effect or continue to be in effect.
|
||||
|
||||
**6.** If the aeronautical authorities cannot agree on a tariff submitted to them under paragraph 3 of this Article, or on the determination of a tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 15 of this Agreement.
|
||||
|
||||
**7.** Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established.
|
||||
|
||||
**8.** The designated airlines of both Contracting Parties may not charge tariffs different from those which have been approved in conformity with the provisions of this Article.
|
||||
**4.** Notwithstanding the provisions of this Article, the prices to be charged by the designated airline of the Kingdom of Bahrain for carriage wholly within the European Union shall be subject to European Union law.
|
||||
|
||||
### Artikel 6
|
||||
|
||||
|
|
@ -98,7 +121,7 @@ In the event of the period of submission being reduced, as provided for in parag
|
|||
The designated airlines of both Contracting Parties shall be allowed:
|
||||
|
||||
a) to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation.
|
||||
b) in the territory of the other Contracting Party to engage directly and, at that airline's discretion, through its agents in the sale of air transportation.
|
||||
b) in the territory of the other Contracting Party to engage directly and, at that airline’s discretion, through its agents or another airline in the sale of air transportation.
|
||||
|
||||
**2.** The designated airline of one Contracting Party shall be allowed, to bring in and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation.
|
||||
|
||||
|
|
@ -106,6 +129,12 @@ b) in the territory of the other Contracting Party to engage directly and, at th
|
|||
|
||||
**4.** The above activities shall be carried out in accordance with the laws and regulations of the other Contracting Party.
|
||||
|
||||
**5.** Notwithstanding any other provision of this Agreement, designated airlines and indirect providers of air transportation of both Contracting Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for passengers, cargo and mail to or from any points in the Territories of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo and mail in bond under applicable laws and regulations. Such passengers, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. Designated airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of air cargo transportation. Such intermodal services may be offered at a single, through price for the air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.
|
||||
|
||||
### Artikel 6 (bis)
|
||||
|
||||
Subject to the laws and regulations of each Contracting Party including, in the case of the Netherlands, European Union law, each designated airline shall have in the territory of the other Contracting Party the right to perform its own ground handling (“self-handling”) or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, each designated airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by a supplier or suppliers.
|
||||
|
||||
### Artikel 7
|
||||
|
||||
**1.** There shall be fair and equal opportunity for the designated airlines of both Parties to participate in the international air transportation covered by this Agreement.
|
||||
|
|
@ -114,9 +143,9 @@ b) in the territory of the other Contracting Party to engage directly and, at th
|
|||
|
||||
### Artikel 8
|
||||
|
||||
**1.** The airline designated by each Contracting Party shall submit to the aeronautical authorities of the other Contracting Party for approval, at least thirty (30) days in advance the timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public.
|
||||
**1.** Neither Contracting Party shall require the filing of schedules, programs for flights or operational plans by designated airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in the Annex to this Agreement.
|
||||
|
||||
**2.** Requests for permission to operate additional fligths can be submitted by the designated airline for approval directly to the aeronautical authority of the other Contracting Party.
|
||||
**2.** If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Contracting Party.
|
||||
|
||||
### Artikel 9
|
||||
|
||||
|
|
@ -126,6 +155,8 @@ b) in the territory of the other Contracting Party to engage directly and, at th
|
|||
|
||||
**3.** Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores 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 these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
|
||||
|
||||
**4.** Nothing in this Agreement shall prevent the Kingdom of the Netherlands 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 the Kingdom of Bahrain that operates between a point in the territory of the Kingdom of the Netherlands and another point in the territory of the Kingdom of the Netherlands or in the territory of another European Union Member State.
|
||||
|
||||
### Artikel 10
|
||||
|
||||
**1.** The airline of the Contracting Parties shall be free to sell air transport services in the territories of both the Contracting Parties, either directly or through an agent; in any currency.
|
||||
|
|
@ -164,9 +195,30 @@ Each Contracting Party, however, reserves the right to refuse to recognize, for
|
|||
|
||||
### Artikel 13bis
|
||||
|
||||
**1.** Each Contracting Party shall recognise as valid, for the purpose of operating the air transport services provided for in this Agreement, certificates of airworthiness, certificates of competency and licenses issued or validated by the other Contracting Party and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. Each Contracting Party may, however, refuse to recognise as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Contracting Party.
|
||||
**1.** Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
|
||||
|
||||
**2.** Each Contracting Party or its Aeronautical Authorities may request technical discussion concerning the safety standards maintained and administered by the other Contracting Party relating to aeronautical facilities, air crews, aircraft, technical supervision and operation of the designated airlines. If, following such technical discussions, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuant to the Convention, the other Contracting Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Contracting Party shall take appropriate corrective action. Each Contracting Party reserves the right to immediately implement the rights in Article 4, paragraph 1, with regard to the designated airline or airlines concerned in the event the other Contracting Party does not take such appropriate corrective action within a reasonable time.
|
||||
**2.** If, following such consultations one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed shall be grounds for the application of Article 4 of this Agreement.
|
||||
|
||||
**3.** Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to/or from the territory of the State of another Party may while within the territory of the State of the other Contracting Party, be made the subject of an examination by the authorized representative of the other Contracting Party on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment ( in this Article called ramp inspection) provided this does not lead to unreasonable delay.
|
||||
|
||||
**4.**
|
||||
|
||||
If any such ramp inspection or series of ramp inspections give rise to:
|
||||
|
||||
4.1 serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or
|
||||
4.2 serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Convention.
|
||||
|
||||
**5.** In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline(s) of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airlines or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred to in that paragraph.
|
||||
|
||||
**6.** Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline(s) of another Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection (or series of ramp inspections), consultation or otherwise that immediate action is essential to the safety of an airline operation.
|
||||
|
||||
**7.** Any action taken by one Contracting Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
|
||||
|
||||
**8.** Each Contracting Party shall prompt their respective designated airlines to obtain the approval of the Civil Aviation Authority of the Contracting Party prior to leasing an aircraft not belonging to the designated airline whether it is registered in the country of the operator or in another country of the operator or in another country for the purposes of operating services in the country of either Contracting Party on the points specified in this Agreement.
|
||||
|
||||
**9.** In connection with the provisions of Article 83 (bis) of the Convention the responsibilities and duties of operating leased aircraft in respect of aviation safety are vested in the country of the airline leasing and supervising the operations of the aircraft responsibilities of leased aircraft may be transferred totally or in part.
|
||||
|
||||
**10.** Where the Kingdom of the Netherlands has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorisation of that airline.
|
||||
|
||||
### Artikel 14
|
||||
|
||||
|
|
|
|||
Loading…
Add table
Reference in a new issue