diff --git a/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-socialistische-republie/BWBV0005505/README.md b/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-socialistische-republie/BWBV0005505/README.md index 4073a783b64..102d18754c9 100644 --- a/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-socialistische-republie/BWBV0005505/README.md +++ b/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-socialistische-republie/BWBV0005505/README.md @@ -19,20 +19,20 @@ For the purpose of this Agreement and its Annex, unless the context otherwise re 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 Article 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, Public Works and Water Management; +for the Socialist Republic of Viet Nam, the Civil Aviation Authority of Viet Nam Ministry of Transport; -for the Socialist Republic of Vietnam, the Minister of Transport; +for the Kingdom of the Netherlands, the Minister of Infrastructure and the Environment; -or in either case any person or body authorized to perform any functions at present exercised by the said Minister; +or in either case any person or body authorized to perform any functions at present exercised by the said Minister or organization; 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 means the land areas (mainland and islands), territorial waters adjacent thereto and the airspace covering the land areas and territorial waters under the sovereignty of that State; 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 carriage of passengers (and their baggage) and cargo (excluding mail) in air transportation, including: +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 carriage 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 or on behalf of airlines. j) the term “change of aircraft” means the operation of one of the agreed services by a designated airline in such a way that one or more sectors of the route are flown by aircraft different in capacity from those used on another sector. @@ -63,7 +63,7 @@ b) in the case of change of aircraft in the territory of the other Contracting P ### Artikel 4 -**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.** Each Contracting Party shall have the right by written notification through Diplomatic Channels to the other Contracting Party to designate two (2) airlines to operate air services on the routes specified in the Annex and to substitute an other airline for an airline previously designated. **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. @@ -86,38 +86,31 @@ d) in case the airline otherwise fails to operate in accordance with the conditi ### Artikel 6 -**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 a 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.** Vervallen. +Each Contracting Party shall allow prices for air transportation to be established by each designated airline individually based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: -**3.** Vervallen. +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. -**4.** Vervallen. +**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. -**5.** Vervallen. +**3.** -**6.** Vervallen. +Neither Contracting Party shall undertake unilateral action to prevent the inauguration or continuation of a price charged or proposed to be charged by (a) a designated 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. -**7.** 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. +If either Contracting Party considers any such prices 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 of the other Contracting Party, 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 new price shall not take effect and the current price shall continue to be in effect. -**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, in the case of the Kingdom of the Netherlands, the prices to be charged by the designated airlines for carriage wholly within the European Union shall be subject to European Union law. ### Artikel 7 -**1.** +**1.** The designated airline(s) of each Contracting Party shall have the right to establish offices in the territory of the other Contracting Party for promotion and sale of air services and other ancillary or supplemental products and services and facilities required for the provision of air services. -The designated airlines of both Contracting Parties shall be allowed: +**2.** Any designated airline of each Contracting Party may engage in the sale of air services and its ancillary products, services and facilities in the territory of the other Contracting Party directly and, at the airline’s discretion, through its agents. For this purpose, the designated airline may use its own transportation documents and any person shall be free to purchase such transportation and its ancillary products, services and facilities in the currency of that territory or in freely convertible currencies to the degree permitted by national laws and regulations, provided that they are applied on a non-discriminatory basis. -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) to sell air transport services in the territory of the other Contracting Party, either directly or through an agent, in any currency. - -**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. - -**3.** These staff requirements may, at the option of the designated airline, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party. - -**4.** All commercial activities permitted on the basis of paragraphs 1, 2 and 3 above shall be carried out in accordance with the laws and regulations of the other Contracting Party. - -**5.** Insofar as national laws and regulations permit, the two Contracting Parties shall attempt to comply with the requirements concerning work permits, visitor's visa and other similar documents for staff performing certain temporary services and duties in their respective territories. +**3.** The designated airline(s) of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational and other specialist staff required for the provision of air services and other ancillary products and facilities. Such staff requirements may, at the option of the airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the territory of the other Contracting Party and authorized to perform such services in the territory of such other Contracting Party. ### Artikel 8 @@ -149,6 +142,21 @@ The provisions of this paragraph cannot be interpreted in such a way that a Cont **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. +### Artikel 10bis + +**1.** User charges that may be imposed by the competent charging authorities of each Contracting Party on the designated airline(s) of the other Contracting Party shall be transparent, just, reasonable, non-discriminatory, and equitably apportioned among all categories of users. Such user charges shall be assessed on the designated airline(s) of the other Contracting Party on terms not less favourable than the terms available to any other airline at the time the charges are assessed. + +**2.** User charges imposed on the designated airline(s) of the other Contracting Party may reflect, but shall not exceed, the full cost to the competent charging authorities of providing the appropriate airport, environmental, air navigation and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. + +**3.** Each Contracting Party shall encourage consultations between the competent charging authorities in its territory and the designated airline(s) using the services and facilities. Each Contracting Party shall encourage the competent charging authorities and the airlines to exchange such information as may be necessary to permit an accurate and transparent review of the reasonableness of the charges in accordance with the principles stated in paragraphs (1) and (2) of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in the user charges to enable the users to express their views before changes are implemented. + +**4.** + +Neither Contracting Party shall be held, in dispute resolution procedures pursuant to Article 17 of this Agreement, to be in breach of a provision of this Article, if: + +(i) it has undertaken a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable time, and +(ii) following such a review, it has taken all steps within its power to remedy any charge or practice that is inconsistent with this Article. + ### Artikel 11 **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 enterprises is situated. @@ -183,17 +191,44 @@ The airlines of the Contracting Parties shall be free to affect the actual trans Certificates of airworthiness, certificates of competency and licenses issued, or validated, by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licenses were issued, or validated, in conformity with the standards established under the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party. +### Artikel 14bis + +**1.** Each Contracting Party may request consultations at any time concerning safety standards in any area relating to air crew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 (thirty) 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 and requirements in any such area that are at least equal to the minimum standards established at that time pursuant to the Chicago 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 15 (fifteen) days or such longer period as may be agreed, shall be grounds for the application of Article 5 (Revocation and suspension of authorization) of this Agreement. + +**3.** Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention, it is agreed that any aircraft operated by or, under a lease agreement, on behalf of the airline or airlines 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 made the subject of an examination by the authorized representatives 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 conditions of the aircraft and its equipment (ramp inspections), provided this does not lead to unreasonable delay. + +**4.** + +If any such 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 Chicago Convention, or +b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention, + +the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Chicago 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 Chicago Convention. + +**5.** In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airline or those 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 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 inspection, consultations or otherwise, that immediate action is essential to the safety of the airline’s operation. + +**7.** Any action 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. + ### Artikel 15 -**1.** The Contracting Parties agree to provide aid to each other as necessary with a view to preventing unlawful seizure of aircraft and other unlawful acts against the safety of aircraft, airports and air navigation facilities and any other threat to aviation security. +**1.** The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their obligations 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, 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, the Chicago Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and any other Convention on aviation security to which the Contracting Parties shall become Contracting Party. -**2.** Each Contracting Party agrees tot observe non-discriminatory and generally, applicable security provisions required by the other Contracting Party for entry into the territory of the other Contracting Party and to take adequate measures to inspect passengers and their carry-on items. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for special security measures for its aircraft or passengers to meet a particular threat. +**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 act consistently with applicable aviation security provisions established by the International Civil Aviation Organization. Should a Contracting Party depart from such provisions, the other Contracting Party may request consultations with that Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request. Failure to reach a satisfactory agreement could constitute grounds for the application of Article 17 of this Agreement. +**3.** The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Convention; they shall require that operators of aircraft of their registry, 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. In this paragraph the reference to aviation security standards includes any difference notified by the Contracting Party concerned. -**4.** The Contracting Parties shall act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14,1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on December 16,1970, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23,1971, insofar as the Contracting Parties are both party to these Conventions. +**4.** Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet the increase in the threat. Each Contracting Party agrees that its designated airline(s) may be required to observe the aviation security provisions referred to in paragraph 3 required by the other Contracting Party for entrance into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall also act favorably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat. -**5.** When a incident, or threat of an incident, of unlawful seizure of aircraft or other unlawful acts against the safety of aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications intended to terminate rapidly and safely such incident or threat thereof. +**5.** 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 as rapidly as possible commensurate with minimum risk to life such incident or threat. + +**6.** When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Such consultations shall take place within 30 (thirty) days of that request. These consultations shall be aimed to reach an agreement upon the measures suitable to eliminate the more immediate reasons of worry and to adopt in the framework of the ICAO security standards, the actions necessary to establish the appropriate conditions of security. + +**7.** Each Contracting Party shall take such measures as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations. ### Artikel 16