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1981-08-12 | BWBV0004428 | Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek der Filipijnen nopens het vervoer door de lucht

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verdrag/overeenkomst-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regerin/BWBV0004428/README.md
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@ -4,7 +4,7 @@ titel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de
bwb_id: BWBV0004428
type: verdrag
status: geldend
datum_inwerkingtreding: '2010-07-15'
datum_inwerkingtreding: '1970-03-19'
bron: https://wetten.overheid.nl/BWBV0004428
citeertitel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en
de Regering van de Republiek der Filipijnen nopens het vervoer door de lucht
@ -21,9 +21,7 @@ For the purpose of the present Agreement, unless the context otherwise requires:
(c) The term “territory” in relation to a State means the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection, trusteeship or administration of that State;
(d) 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 the Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof;
(e) The terms “air services”, “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 term “agreed services” means any scheduled air service operated on the routes specified in the Annex to this Agreement;
(g) References in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of European Community Member States;
(h) References in this Agreement to airlines of the Kingdom of the Netherlands shall be understood as referring to airlines designated by the Kingdom of the Netherlands.
(f) The term “agreed services” means any scheduled air service operated on the routes specified in the Annex to this Agreement.
### Artikel II
@ -41,39 +39,17 @@ Subject to the provisions of the present Agreement, the airline or airlines desi
### Artikel III
**1.**
**(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 on the specified routes.
Either Contracting Party shall have the right to designate one or more Airline(s) to operate International Air Services on the routes specified in the Annex and to substitute another Airline for an Airline previously designated. Such designations shall be transmitted to the other Contracting Party in writing through diplomatic channels.
**(2).** On receipt of the designation, the other Contracting Party, through its Aeronautical Authorities shall, subject to the provisions of paragraphs 3, 4 and 5 of this Article, grant without delay to the airline designated the appropriate operating authorization.
On receipt of such a designation the other Contracting Party shall grant the appropriate operating authorisations and permissions with minimum procedural delay, provided:
**(3).** The aeronautical authorities of one Contracting Party may require an airline or airlines designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied by them in a manner not inconsistent with the provisions of the Convention.
a) in the case of an airline designated by the Kingdom of the Netherlands:
**(4).** Each Contracting Party shall have the right to refuse, withhold or revoke the grant to an airline or airlines 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 or airlines of those privileges in any case where it is not satisfied that substantial ownership and effective control of that airline or airlines are vested in the Contracting Party designating the airline or airlines or in nationals of the Contracting Party designating the airline or airlines.
1. it is established in the territory of the Kingdom of the Netherlands under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community Law; and
2. effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate and the relevant Aeronautical Authority is clearly identified in the designation;
b) in the case of an airline designated by the Philippines:
**(5).** The exercise by the designated airline or airlines of the privileges granted in the appropriate operating authorization as mentioned in paragraph (2) of this Article, shall be subject to the statutory powers of the aeronautical authorities of the Contracting Parties in order to ensure the implementation of the provisions of Article VIII of the present Agreement.
1. majority ownership and effective control of such airline are vested in the Philippines and/or its nationals; and
2. such airline has a valid Operating License in accordance with applicable law of the Philippines and effective control is exercised by the Philippines,
c) 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 Party considering the application or applications;
d) the designated airline qualifies before the Aeronautical Authorities of the Contracting Party assessing the authorization, under the laws and regulations normally and reasonably applied to the operation of the International Air Services by these Authorities in conformity with the Convention;
e) the designated airline(s) operate(s) in accordance with the conditions prescribed under this Agreement.
**2.**
Either Contracting Party may revoke, suspend or limit the operation authorisation or technical permissions of an airline designated by the other Contracting Party where:
a) in the case of an airline designated by the Kingdom of the Netherlands:
1. it is not established in the territory of the Kingdom of the Netherlands under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community Law; or
2. effective regulatory control of the airline is not exercised or not maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation;
b) in the case of an airline designated by the Philippines:
1. majority ownership and effective control of such airline are not vested in the Philippines and/or its nationals; or
2. such airline does not have a valid Operating License in accordance with applicable law of the Philippines or effective control is not exercised by the Philippines;
c) that airline has failed to comply with the laws and regulations referred to in this Agreement;
d) the airline is already authorized to operate under a bilateral agreement between the Philippines and another Member State which is exercising traffic rights under this Agreement on a route that includes a point in that other Member State, the airline would in effect be circumventing restrictions on the traffic rights imposed by that other agreement; or
e) the designated airline holds an Air Operators Certificate issued by a Member State**,** there is no bilateral air services agreement between the Philippines and that Member State and the traffic rights necessary to conduct the operation proposed by such designated airline are not reciprocally available to the designated carriers of the Philippines.
**(6).** Each Contracting Party shall have the right to suspend the exercise by an airline or airlines of the privileges specified in paragraph (2) of Article II or to impose such conditions as it may deem necessary on the exercise by an airline or airlines of those privileges in any case where the airline or airlines fails to comply with the laws and regulations referred to in Article VII 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.
### Artikel IV
@ -83,36 +59,9 @@ e) the designated airline holds an Air Operators Certificate issued by a Member
**(3).** 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.
**(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 Philippines 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 Community Member State.
Nothing in this Agreement shall prevent the Republic of the Philippines 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 Netherlands that operates between a point in the territory of the Republic of the Philippines and another point in the territory of the Republic of the Philippines or in the territory of a third State in Asia.
### Artikel V
**1.** In operating or holding out the Air Services on the Agreed Routes, any Designated Airline of one Contracting Party may enter into commercial and/or cooperative marketing arrangements including but not limited to blocked-space, code sharing and leasing arrangements, with an airline of the other Contracting Party. This is applicable too on domestic routes operated with the designated airline of the Contracting Party concerned, provided (a) that the operating carrier in such arrangements holds the appropriate operating authorization and (b) that tickets make it clear to the purchaser at the point of sale which Airline will actually operate each sector of the service and with which Airline or Airlines the purchaser is entering into a contractual relationship. The code-sharing services of the marketing carrier will not be counted as a frequency.
**2.**
The designated airline(s) of each Contracting Party will be permitted subject to national laws to employ surface and/or sea transportation for cargo in connection with international air transportation, to be provided by companies officially recognized and licensed by the authorities of the other Contracting Party to or from any point in the territory of the one Contracting Party concerned or in third countries, including transport to and from all airports with customs facilities, under the applicable law and regulations. Such cargo, whether moving by surface or by air will have access to airport customs processing and facilities.
Such intermodal cargo services may be offered at a single through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
**3.**
The designated airline(s) of each Contracting Party shall be allowed subject to national laws;
- to establish in the territory of the other Contracting Party offices for the promotion and sale of air transportation and ancillary or supplemental services (including the right to sell and to issue any ticket and/or airway bill, both its own tickets and/or airway bills and of any other carrier) as well as other facilities required for the provision of air transportation;
- in the territory of the other Contracting Party to engage directly and, at its discretion, through its agents, and/or other airlines in the sale of air transportation and ancillary or supplemental services;
- to sell such transportation and ancillary or supplemental services and any person shall be free to purchase such transportation or services in any currency.
- 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 and ancillary or supplemental services;
**4.**
Each designated airline shall have the right to perform its own ground handling in the territory of the other Contracting Party (“self handling”), or, at its option, select among competing agents for such services in whole or in part. This right shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self handling, ground services shall be available on an equal basis to all airlines.
The activities mentioned in this Article shall be carried out in accordance with the laws and regulations of the other Contracting Party. In case of the Netherlands this includes applicable European Community law.
Each designated airline or airlines is authorized to maintain in the territory of the other Contracting Party its own technical and administrative personnel, without prejudice to the national regulations of the respective Contracting Parties.
### Artikel VI
@ -135,23 +84,19 @@ In order to develop the air transport services along the routes or segments ther
### Artikel IX
**1.**
**(1).** The tariffs to be charged by the airline or airlines 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 as applied on the specified routes or segments thereof.
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:
**(2).** The tariffs referred to in paragraph (1) of this Article shall, if possible, be agreed by the designated airline or airlines concerned of both Contracting Parties, in consultation with other airlines operating over the whole or part of the route, and such agreement shall, where possible, be reached through the rate-fixing machinery of the International Air Transport Association.
a) prevention of predatory and/or 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, amongst others, direct or indirect governmental subsidy or support.
**(3).** The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of the Contracting Parties at least ninety (90) days before the proposed date of their introduction; in special cases, this time limit may be reduced, subject to the agreement of the said authorities.
**2.** Each Contracting Party may require notification or approval to its Aeronautical Authorities of prices to be charged to or from its territory by airlines of the other Contracting Party.
**(4).** If the designated airlines cannot agree on any of these tariffs, or if for some other reason a tariff cannot be fixed in accordance with the provisions of paragraph (2) of this Article, or if during the first 30 days of the 90 days' period referred to in paragraph (3) of this Article one Contracting Party gives the other Contracting Party notice of its dissatisfaction with any tariff agreed in accordance with the provisions of paragraph (2) of this article, the aeronautical authorities of the Contracting Parties shall try to determine the tariff by agreement between themselves.
**3.**
**(5).** If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph (3) of this Article and on the determination of any tariff under paragraph (4) the dispute shall be settled in accordance with the provisions of Article XII of the present Agreement.
If either Contracting Party considers any such prices inconsistent with the considerations set forth in paragraph (1) and paragraph (2) 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 30 days after receipt of the request of the other Contracting Party, and the Contracting Parties shall co-operate in securing information necessary for reasoned resolution of the issue.
**(6).** Subject to the provisions of paragraph (3) of this Article, no tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.
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 new price shall not take effect or continue to be in effect.
**4.** Notwithstanding the provisions of this Article, in the case of the Kingdom of the Netherlands, the prices to be charged by the designated airlines for carriage wholly within the European Community shall be subject to European Community Law.
**(7).** The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.
### Artikel X