rijk/verdrag/luchtvaartovereenkomst-tussen-het-koninkrijk-der-nederlanden-en-israël/BWBV0005849

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en Israël	BWBV0005849	verdrag	geldend	1950-10-23	https://wetten.overheid.nl/BWBV0005849	Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en Israël

Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en Israël

Artikel I

Each Contracting Party grants to the other Contracting Party rights to the extent described in the Annex to this Agreement for the purposes of the establishment of the air services described therein (hereinafter referred to as „the agreed services”).

Artikel II

(1).

The agreed services may be inaugurated immediately or at a later date at the option of the Contracting Party to whom the rights are granted but not before

(a) (a) the Contracting Party to whom the rights have been granted has designated an air carrier for the specific route or routes, and (b) (b) the Contracting Party granting the rights has given the appropriate operating permission to the air carrier concerned (which, subject to the provisions of paragraph (2) of this Article and of Article VI , it shall do without undue delay).

(2). The designated air carrier may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that it is qualified to fulfil the conditions prescribed by or under the laws and regulations normally applied by these authorities to the operation of commercial air carriers.

(3). In areas of military occupation, or in areas affected thereby the inauguration and operation of such services will be subject, where necessary, to the approval and/or direction of the competent military authorities.

Artikel III

In order to prevent discriminatory practices and to assure equality of treatment, it is agreed that:

(a) (a) Each of the Contracting Parties may impose or permit to be imposed just and reasonable charges for the use of airports, and other facilities. Each of the Contracting Parties agrees, however, that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services. (b) (b) Fuel, lubricating oils and spare parts introduced into or taken on board aircraft in the territory of a Contracting Party by the other Contracting Party or its nationals, and intended solely for use by aircraft of such other Contracting Party shall be accorded with respect to customs duties, inspection fees or other national duties or charges imposed by the other Contracting Party, treatment not less favourable than that granted to national or other foreign airlines engaged in international air transport. (c) (c) The fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board civil aircraft of the airlines of the Contracting Parties authorised to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of the other Contracting Party, be exempt from customs duties, inspection fees or similar duties and charges, even though such supply be used or consumed by such aircraft on flights in that territory. (d) (d) Goods so exempted may only be unloaded with the approval of the customs authorities of the other Contracting Party. These goods which are to be re-exported shall be kept until re-exportation under customs supervision.

Artikel IV

Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services described in the Annex. Each Contracting Party reserves the right, however, to refuse the right to recognize for the purpose of flight above its own territory, certificates of competency and licences granted to its own nationals by another State.

Artikel IV bis

1. Each Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft of their operation adopted by the other Party. Such consultations shall take place within thirty days of that request.

2. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Party shall take appropriate corrective action. Failure by the other Party to take appropriate action within fifteen days or such longer period as may be agreed, shall be grounds for the application of Article VI of this Agreement.

3. Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention it is agreed that any aircraft operated by the airline of one Party on services to or from the territory of the other Party may, while within the territory of the other Party, be made the subject of an examination by the authorised representatives of the other 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 (in this Article referred to as “ramp inspections”), provided this does not lead to unreasonable delay.

4.

If any such ramp inspection or series of ramp inspections gives rise to:

a) a) serious concerns that an aircraft of the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Chicago Convention, or b) 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 Party carrying out the inspection shall, for the purpose of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licence in respect of that aircraft of 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 acces for the purpose of undertaking a ramp inspection of an aircraft operated by the airline of one Party in accordance with paragraph 3 above is denied by the representative of that airline, the other 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 Party reserves the right to suspend or vary the operation authorization of an airline of the other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of acces for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airlines operation.

7. Any action by one 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 V

(1). The laws and regulations of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft used by the designated airline of the other Contracting Party without distinction as to nationality and shall be complied with by such aircraft upon entering or departing from or while within the territory of the first Party.

(2). The laws and regulations of one Contracting Party as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of the passengers, crew and cargo of aircraft used by the designated airline of the other Contracting Party upon entrance into or departure from, or while within, the territory of the former Party.

Artikel VI

Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement by an airline designated by the other Contracting Party in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of the other Contracting Party, or in case of failure of the airline designated by the other Contracting Party to comply with the laws and regulations of the Contracting Party over which it operates, as described in Article V hereof, or to perform its obligations under this Agreement and its Annex.

Artikel VII

This Agreement and all contracts connected therewith shall be registered with the International Civil Aviation Organisation.

Artikel VIII

If either of the Contracting Parties considers it desirable to modify any provision or provisions of the Annex to this Agreement, such modification may be made by direct agreement between the competent aeronautical authorities of the Contracting Parties.

Artikel IX

(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.

(2). If the Contracting Parties fail to reach a settlement by negotiation, the dispute shall be submitted for decision to a tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall designate an arbitrator within two months of the date of delivery by either Party of a diplomatic note requesting arbitration of the dispute, and the third arbitrator shall be agreed upon within one month after such period of two months. If either Contracting Party fails to designate its arbitrator or if the third arbitrator is not agreed, the vacancies thereby created shall be filled by the persons designated by the President of the Council of I.C.A.O. on application by either Contracting Party.

(3). The Contracting Parties undertake to comply with any decision given under paragraph (2) of this Article.

(4). If and so long as either Contracting Party or designated airline of either Contracting Party fails to comply with a decision given under paragraph (2) of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of the present Agreement to the Contracting Party or to the designated airline in default.

Artikel X

If either of the Contracting Parties considers it desirable to modify the terms of the present Agreement, it may request consultation between the aeronautical authorities of the two Contracting Parties. Such consultation shall begin with a period of sixty days from the date of the request. When the aeronautical authorities agree to modifications of the Agreement, such modifications shall come into effect when they have been confirmed by an exchange of Notes through the diplomatic channels.

Artikel XI

Either Contracting Party may at any time give notice to the other if it desires to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organisation. If such notice is given, this Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party notice shall be deemed to have been received fourteen days after the receipt of the notice by the International Civil Aviation Organization.

Artikel XII

This Agreement including the provisions of the Annex thereto will come into force on the day of signature.