2018-08-19 | BWBV0004463 | Overeenkomst inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Korea

verdrag/overeenkomst-inzake-luchtvervoer-tussen-de-regering-van-het-koninkrijk-der-neder/BWBV0004463/README.md

@@ -43,15 +43,51 @@ Subject to the provisions of the present Agreement, an airline designated by eac
 
 ### Artikel 3
 
-**(1).** Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services.
+**1.** Each Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one or more airlines to operate international air services on the routes specified in the Annex and to substitute another airline for an airline previously designated.
 
-**(2).** On receipt of such designation, the other Contracting Party, through its aeronautical authorities, shall, subject to the provisions of paragraphs (3) and (4) of this Article, grant without undue delay to an airline designated the appropriate operating authorization.
+**2.**
 
-**(3).** 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 by them in a manner not inconsistent with the Convention to the operation of international commercial air services.
+On receipt of such a notification, and of an application from the designated airline, in the form and manner prescribed for operating authorizations, each Contracting Party shall, without delay, grant to the airline(s) so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article, provided that:
 
-**(4).** Each Contracting Party shall have the right to refuse to accept the designation of an airline and to withhold or revoke the grant to an airline of the operating authorization referred to in paragraph (2) of this Article or to impose such conditions as it may deem necessary in the exercise by an airline of the privileges specified in such authorization 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 its nationals.
+a) in the case of the airline(s) designated by the Kingdom of the Netherlands:
 
-**(5).** Each Contracting Party shall have the right to suspend the exercise by an airline of the privileges specified in paragraph (2) of Article 2 or to impose such conditions as it may deem necessary on the exercise by an airline of those privileges in any case where the airline fails to comply with the laws and regulations referred to in Article 7 hereof or otherwise fails to operate in accordance with the conditions prescribed in the present Agreement, provided that, unless immediate suspension or imposition of conditions is essential to prevent further infringements of laws or regulations, this right shall be exercised only after consultation with the other Contracting Party.
+(i) it is established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid operating license issued by a European Union Member State 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 has its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, and
+(iv) the airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States; and
+b) in the case of the airline(s) designated by the Republic of Korea:
+
+(i) it is established in the territory of the Republic of Korea and has a valid operating license issued by the Republic of Korea in accordance with the applicable laws and regulations of the Republic of Korea, and
+(ii) effective regulatory control of the airline is exercised and maintained by the Republic of Korea 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 the Republic of Korea and/or by nationals of the Republic of Korea; and
+c) the Contracting Party designating the airline(s) is maintaining and administering the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; and
+d) 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.
+
+**3.** Upon receipt of the operating authorizations referred to in paragraph 2 of this Article, the designated airline(s) may begin to operate the agreed services, provided that it complies with the provisions of this Agreement.
+
+### Artikel 3bis
+
+**1.**
+
+Each Contracting Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an airline designated by the other Contracting Party where:
+
+a) in the case of the airline(s) designated by the Kingdom of the Netherlands:
+
+(i) it is not established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union or does not have a valid operating license issued by a European Union Member State 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 does not have its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, or
+(iv) the airline is not owned, directly or through majority ownership, or is not effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States, or
+(v) the airline is already authorized to operate under a bilateral agreement between the Republic of Korea and another European Union Member State and the Republic of Korea can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other European Union Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement, or
+(vi) the airline holds an air operator’s certificate issued by a European Union Member State and there is no bilateral air services agreement between the Republic of Korea and that European Union Member State, and that European Union Member State has denied traffic rights to the airline designated by the Republic of Korea; and
+b) in the case of the airline(s) designated by the Republic of Korea:
+
+(i) it is not established in the territory of the Republic of Korea or has no valid operating license in accordance with the applicable laws and regulations of the Republic of Korea, or
+(ii) effective regulatory control of the airline is not exercised or not maintained by the Republic of Korea 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 the Republic of Korea and/or by nationals of the Republic of Korea; or
+c) the Contracting Party is not maintaining or not administering the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; or
+d) the airline failed to comply with the laws and regulations normally and reasonably applied to the operations of international air services by the Contracting Party granting the rights.
+
+**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 consultation shall begin within a period of thirty (30) days from the date of receipt of the request.
 
 ### Artikel 4
 
@@ -115,6 +151,49 @@ In order to promote close collaboration in all matters affecting the performance
 
 Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention on international Civil Aviation. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another State.
 
+### Artikel 11bis
+
+**1.** Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crew, aircraft or the operation of aircraft. Such consultations shall take place within thirty (30) days of that request.
+
+**2.** If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any of the areas referred to in paragraph 1 of this Article that meet the 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 standards, and the other Contracting Party shall take appropriate corrective action within fifteen (15) days or such longer period as may be agreed. Failure by the other Contracting Party to take appropriate action within the agreed period shall be grounds for the application of Article 3bis of this Agreement.
+
+**3.** Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or, where approved, on behalf of an airline of one Contracting Party, on service to or from the territory of the other Contracting Party, may, while within the territory of the other Contracting Party, be the subject of a search on board and around the aircraft by the authorized representatives of the other Contracting Party 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 cause unreasonable delay in the operation of the aircraft.
+
+**4.**
+
+If such ramp inspection or series of ramp inspections gives rise to:
+
+a) 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
+b) serious concerns that there is a lack of effective maintenance and administration of the 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 certificates 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 a designated airline of one Contracting Party in accordance with paragraph 3 of this Article is denied by a representative of that airline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article 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 or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspections, consultations or otherwise, that immediate action is essential to ensure the safety of an airline operation.
+
+**7.** Any action by one Contracting Party in accordance with paragraph 2 or 6 of this Article shall be discontinued once the basis for taking that action ceases to exist.
+
+**8.** 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 Republic of Korea under this Article shall apply equally in respect of the adoption, exercise and maintenance of safety standards by that other European Union Member State and in respect of the operating authorization of that airline.
+
+### Artikel 11ter
+
+**1.** Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for Purpose of Detection, done at Montreal on 1 March 1991, and any other aviation security agreement that becomes binding on both Contracting Parties.
+
+**2.** The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
+
+**3.** The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. The Contracting Parties shall require that their airlines and the operators of airports in their territory act in conformity with such aviation security provisions.
+
+**4.** Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for the entry into, departure from, or while within the territory of that other Contracting Party. For the entry into, departure from, or while within the territory of the Republic of Korea, airlines shall be required to observe aviation security provisions in conformity with the laws and regulations of the Republic of Korea. For the entry into, departure from, or while within the territory of the Kingdom of Netherlands, airlines shall be required to observe aviation security provisions in accordance with European Union law.
+
+**5.** Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo, in-flight catering and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
+
+**6.** When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
+
+**7.** When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.
+
+**8.** Failure to reach a satisfactory agreement within fifteen (15) days from the start of such consultations shall constitute grounds for withholding, revoking, suspending, limiting or imposing conditions on the operating authorization of an airline or airlines designated by the other Contracting Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action at any time.
+
 ### Artikel 12
 
 **(1).** If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves. This negotiation shall begin within sixty (60) days after receipt of the request by one Party from the other.