rijk/verdrag/overeenkomst-tussen-de-regering-van-de-republiek-ghana-en-de-regering-van-het-ko/BWBV0005011

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Regering van de Republiek Ghana en de Regering van het Koninkrijk der Nederlanden voor luchtdiensten tussen en via hun onderscheidene grondgebieden	BWBV0005011	verdrag	geldend	1963-07-23	https://wetten.overheid.nl/BWBV0005011	Overeenkomst tussen de Regering van de Republiek Ghana en de Regering van het Koninkrijk der Nederlanden voor luchtdiensten tussen en via hun onderscheidene grondgebieden

Overeenkomst tussen de Regering van de Republiek Ghana en de Regering van het Koninkrijk der Nederlanden voor luchtdiensten tussen en via hun onderscheidene grondgebieden

Artikel 1

For the purpose of the present Agreement, unless the context otherwise requires: —

(a) (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 Convention under Articles 90 and 94 thereof; (b) (b) the term “aeronautical authorities” means, in the case of the Republic of Ghana, the Minister responsible for Civil Aviation and any person or body authorised to perform any functions at present exercised by the said Minister or similar functions, and in the case of the Netherlands any person or agency designated as such by the Government of the Kingdom of the Netherlands; (c) (c) the term “designated airline” means an airline which one Contracting Party shall have designated, by written notification to the other Contracting Party, in accordance with Article 3 of the present Agreement, for the operation of air services on the routes specified in such notification; (d) (d) the term “territory” in relation to a State means the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or trusteeship of that State; (e) (e) the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the Convention.

Artikel 2

(1). Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing air services on the routes specified in the appropriate Section of the Schedule thereto (hereinafter called “the agreed services” and “the specified routes”).

(2).

Subject to the provisions of the present Agreement, the airlines designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following privileges: —

(a) (a) to fly without landing across the territory of the other Contracting Party; (b) (b) to make stops in the said territory for non-traffic purposes; and (c) (c) to make stops in the said territory at the points specified for that route in the Schedule to the present Agreement for the purpose of putting down and taking on international traffic in passengers, cargo and mail.

(3). In case a Contracting Party uses its rights under Article 7 of the Convention, it shall notify the other Contracting Party accordingly.

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 on the specified routes.

(2). On receipt of the designation, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline or airlines designated the appropriate operating authorisation.

(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 conformity with the provisions of the Convention to the operation of international commercial air services.

(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 privileges specified in paragraph (2) of Article 2 of the present Agreement or to impose such conditions as it may deem necessary on the exercise by an airline of those privileges 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 nationals of the Contracting Party designating the airline.

(5). At any time after the provisions of paragraphs (1) and (2) of this Article have been complied with, an airline so designated and authorised may begin to operate the agreed services provided that a service shall not be operated unless a tariff established in accordance with the provisions of Article 6 of the present Agreement is in force in respect of that service.

(6). Each Contracting Party shall have the right to suspend the exercise by an airline of the privileges specified in paragraph (2) of Article 2 of the present Agreement 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 or regulations of the Contracting Party granting those privileges 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 4

Without prejudice and in addition to the treatment to which each Contracting Party is under obligation to accord under Article 24 of the Convention fuel, lubricating oils, and aircraft stores introduced into the territory of one Contracting Party or taken on board aircraft in that territory by or on behalf of the other Contracting Party or its designated airline or airlines and intended solely for use by or in the aircraft of those airlines shall be accorded treatment not less favourable than that accorded to similar supplies introduced into the said territory or taken on board aircraft in that territory and intended for use by or in the aircraft of a national airline of the first Contracting Party, or of the most favoured foreign airline engaged in international air services.

Artikel 5

(1). There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.

(2). In operating the agreed services, the airlines of each Contracting Party shall take into account the interests of the airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.

(3).

The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the territory of the Contracting Party designating the airline and the country of ultimate destination of the traffic. Provision for the carriage of passengers, cargo and mail both taken up and put down at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principle that capacity shall be related to: —

(a) (a) traffic requirements between the country of origin and the country of destination; (b) (b) traffic requirements of the area through which the airline passes, after taking account of the services established by the airlines of the other Contracting Party; and (c) (c) the requirements of through airline operation.

Artikel 6

(1). The tariffs on any agreed service shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service (such as standards of speed and accommodation) and the tariffs of other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the following provisions of this Article.

(2). The tariffs referred to in paragraph (1) of this Article, together with the rates of agency commission used in conjunction with them shall, if possible, be agreed in respect of each of the specified routes between the designated airlines concerned, in consultation with other airlines operating over the whole or part of that route, and such agreement shall, where possible, be reached through the rate-fixing machinery of the International Air Transport Association.

(3). If the designated airlines cannot agree on any of these tariffs, or if for some reason a tariff cannot be 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.

(4). If the aeronautical authorities cannot agree on the determination of any tariff under paragraph (3), the dispute shall be settled in accordance with the provisions of Article 10 of the present Agreement.

(5). When tariffs have been established in accordance with the provisions of this Article these tariffs shall remain in force until new tariffs have been established in accordance with the provisions of this Article.

Artikel 7

Each Contracting Party grants to the designated airlines of the other Contracting Party —

(a) (a) the right to transfer to their head offices in the case of the Netherlands in Dutch Guilders and/or sterling and in the case of Ghana in sterling and/or Ghanaian currency at the official rates of exchange all surplus earnings, whatever the currency in which they were earned, and (b) (b) so far as the currency regulations of the first Contracting Party in force at the time will allow, the right to transfer surplus earnings to their head offices in the currency in which they were earned.

Artikel 8

The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the first Contracting Party. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services and the origins and destinations of such traffic on the routes specified in the Schedule.

Artikel 9

At the request of the aeronautical authorities of either Contracting Party consultation shall take place between them to ensure close collaboration on all matters affecting the fulfilment of the present Agreement.

Artikel 10

(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,

(a) (a) they may agree to refer the dispute for decision to an arbitral tribunal appointed by agreement between them or to some other person or body; or (b) (b) if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal, they cannot reach agreement as to its composition, either Contracting Party may submit the dispute for decision to any tribunal competent to decide it which may hereafter be established within the International Civil Aviation Organisation or, if there is no such tribunal, to the Council of the said Organisation.

(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 a 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 in default or to the designated airline or airlines of that Contracting Party or to the designated airline in default.

Artikel 11

(1). If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, such modification, if agreed between the Contracting Parties, shall be confirmed by an exchange of Notes and shall come into effect on a date to be agreed between the two Contracting Parties.

(2). If either of the Contracting Parties considers it desirable to modify the routes specified in the Schedule, such modification, if agreed between the Contracting Parties, shall be confirmed by an exchange of Notes and shall come into effect as from the date of that exchange of Notes.

(3). In the event of the conclusion of any general multilateral convention concerning air transport by which both Contracting Parties become bound, the present Agreement shall be amended so as to conform with the provisions of such convention.

Artikel 12

Either Contracting Party may at any time give notice to the other if it desires to terminate the present Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organisation. If such notice is given, the present 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 Organisation.

Artikel 13

The present Agreement and any Exchange of Notes in accordance with Article 11 shall be registered with the International Civil Aviation Organisation.

Artikel 14

The present Agreement shall be provisionally applicable from the date of its signature and shall come into force on a date agreed upon in an exchange of Notes.