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2009-10-07 | BWBV0001060 | Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Zuid-Afrika inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

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Coornhert 2009-10-07 12:00:00 +00:00
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@ -110,17 +110,17 @@ d) in case the airline otherwise fails to operate in accordance with the conditi
### Artikel 8
**1.** The tariffs to be charged by a designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels with due regard being paid to all relevant factors, including cost of operation, profit and the tariffs of other airlines.
**1.**
**2.** Tariffs referred to in sub-article (1) shall, wherever possible, be agreed by the designated airlines through the use of the procedures of the International Air Transport Association for the fixation of tariffs.
Each Contracting Party shall allow tariffs for air services to be decided by each designated airline or airlines based on commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
**3.** The tariffs of a designated airline of one Contracting Party shall be submitted to the aeronautical authorities of both Contracting Parties, at least sixty (60) days before the proposed date of their introduction (hereinafter referred to as the "period of notice"). In special cases the period of notice may be reduced, subject to the agreement of the said authorities.
a) prevention of tariffs or practices whose application constitute anti-competitive behaviour which has or is likely to have the effect of preventing, restricting or distorting competition or excluding a competitor from a route;
b) protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of market power; and
c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support.
**4.** The tariffs shall be considered to be approved unless both aeronautical authorities have expressed disapproval of the tariffs within thirty (30) days from the date of submission in accordance with sub-article (3). In the event of the period of notice being reduced as provided for in sub-article (3), the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.
**2.** Neither Contracting Party shall require notification or filing of any tariff to be charged by the designated airline or airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraph 3 below.
**5.** Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established.
**6.** The designated airlines of both Contracting Parties may not charge tariffs different from those which have been established in conformity with the provisions of this Article.
**3.** Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a tariff charged or proposed to be charged by an airline of the other Contracting Party. If one Contracting Party believes that any such tariff is inconsistent with the considerations set out in paragraph 1 above, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held no later than 15 days after receipt of the request. Without a mutual agreement the tariff shall take effect or continue in effect.
### Artikel 9
@ -146,11 +146,7 @@ The aeronautical authority of each Contracting Party shall supply to the aeronau
### Artikel 12
**1.** Income and profits from the operation of aircraft in international traffic shall be taxable only in the State in which the place of effective management of the enterprise is situated.
**2.** Aircraft and other movable property necessary for the operation of the aircraft shall likewise be exempt from any form of capital tax.
**3.** The provisions of sub-article (1) shall also apply to income and profits from the participation in a pool, a joint business or an international operating agency.
Vervallen
### Artikel 13
@ -184,7 +180,7 @@ The aeronautical authority of each Contracting Party shall supply to the aeronau
**2.** The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security.
**3.** The Contracting Parties shall act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970 and the Convention for the Suppression of Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
**3.** The Contracting Parties shall act in conformity with any agreement effective between them regarding the suppression of acts of unlawful interference, inter alia in respect of aircraft in flight, aircraft in service and/or security at airports.
**4.** The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties. The Contracting Parties shall require that operators of aircraft of their registry or operators who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
@ -194,6 +190,29 @@ The aeronautical authority of each Contracting Party shall supply to the aeronau
**7.** Should a Contracting Party depart from the aviation security provisions of this Article, the aeronautical authority of the other Contracting Party may request immediate consultations with the aeronautical authority of that Party in conformity with Article 17 of this Agreement. Failure to reach a satisfactory agreement within sixty (60) days may constitute grounds for the application of Article 18 of this Agreement.
### Artikel 16 bis
**1.** A Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party relating to aeronautical facilities, aircrew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of such request.
**2.** If, following such consultations, a Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to above which 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. Such Contracting Party shall take appropriate corrective action and failure to take appropriate action within fifteen (15) days of being notified thereof, or such longer period as may be agreed upon, shall be grounds for the application of Article 5.
**3.** Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the designated airline of one Contracting Party on services to or from the territory of the other Contracting Party, may, while within the territory of the other Contracting Party, be subject to an examination by the authorised representative of that Contracting Party. The purpose of such examination shall include the verification of the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (hereinafter referred as “ramp inspection”), provided this does not lead to unreasonable delay.
**4.**
If any such ramp inspection or series of ramp inspections gives rise to serious concerns that:
a) 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) 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 ramp inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences 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 designated airline of one Contracting Party in accordance with paragraph 3 above is denied by the representatives of that designated airline, the other Contracting Party may infer that serious concerns of the type referred to in paragraph 4 above arise and draw conclusions referred to in that paragraph.
**6.** Each Contracting Party reserves the right to immediately suspend or vary the operating authorization of a designated airline of the other Contracting Party in the event the first Contracting Party concludes, whether as a result of a ramp inspection or consultation, that immediate action is essential to the safety of airline operation.
**7.** Any action by one Contracting Party in accordance with paragraphs 2 and 6 above, shall be discontinued upon compliance by the other Contracting Party with the safety provisions of this Article.
### Artikel 17
**1.** In a spirit of close cooperation the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and shall consult when necessary to provide for modification thereof.