rijk/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-volksrepubliek-banglade/BWBV0003799

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen het Koninkrijk der Nederlanden en de Volksrepubliek Bangladesh betreffende luchtdiensten	BWBV0003799	verdrag	geldend	1980-08-01	https://wetten.overheid.nl/BWBV0003799	Overeenkomst tussen het Koninkrijk der Nederlanden en de Volksrepubliek Bangladesh betreffende luchtdiensten

Overeenkomst tussen het Koninkrijk der Nederlanden en de Volksrepubliek Bangladesh betreffende luchtdiensten

Artikel 1

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

(a) (a) the term “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 so far as those Annexes and amendments have been adopted by both Contracting Parties; (b) (b) the term “Aeronautical Authorities” means, in the case of the People's Republic of Bangladesh, the Director General of Civil Aviation and any person or body authorised to perform any functions at present exercised by the said Director General and, in the case of the Kingdom of the Netherlands, the Director General of Civil Aviation and any person or body authorised to perform any functions at present exercised by the said authority; (c) (c) the term “designated airline” means an airline which has been designated and authorised in accordance with Article 3 of the present Agreement, (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; and (e) (e) the term “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 scheduled international air services on the routes specified in the Annex hereto, drawn up in application of the present Agreement. Such services and routes are hereafter referred to as “agreed services” and “specified routes” respectively.

2.

The airlines designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:

(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; (c) (c) to make stops in the said territory at the points specified for that route in the Annex to the present Agreement for the purpose of putting down and taking on international traffic in passengers, cargo and mail.

3. Nothing in paragraph 2 of this Article shall be deemed to confer on the airline of one Contracting Party the privilege of taking up in the territory of the other Contracting Party, passengers, cargo or mail carried for hire or reward and destined for another point in the territory of that other Contracting Party.

Artikel 3

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes.

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

3. The Aeronautical Authorities of one Contracting Party may require the 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 to the operation of international air services by such Authorities in conformity with the provisions of the Convention.

4. Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph 2 of this Article or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified in Article 2 in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.

5. When an airline has been so designated and authorised, it may begin at any time to operate the agreed services, provided that a tariff established in accordance with the provisions of Article 7 of the present Agreement is in force in respect of that service.

Artikel 4

1.

Each Contracting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified in Article 2 of the present Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:

(a) (a) 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 such Contracting Party, or (b) (b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights, or (c) (c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.

Artikel 5

1. Aircraft operated on the agreed services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or charges on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.

2. Supplies of fuels, lubricants, spare parts, regular equipment and aircraft stores introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use in the operation of the agreed services shall be exempt from all duties, taxes and similar charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party. The materials referred to above may be required to be kept under customs supervision and control.

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 and control up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Artikel 6

Passengers, baggage and cargo in transit across the territory of one Contracting Party and not leaving the customs, immigration and quarantine area of the airport shall only be subject to a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar charges.

Artikel 7

1. In the following paragraphs, the term “tariff” means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.

2. The tariffs to be charged by any airline 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, difference of characteristics of service (including standards of speed and accommodation) and the tariffs of other airlines.

3. The tariffs referred to in paragraph 2 of this Article shall, if possible, be agreed by the designated airlines of both Contracting Parties. Such agreement shall, if possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.

4. The tariffs so agreed shall be submitted for the approval of the Aeronautical Authorities of both Contracting Parties as soon as possible before the proposed date of their introduction. This approval may be given expressly. If neither of the Aeronautical Authorities have expressed disapproval within forty-five days from the date of receipt of the said tariffs, these shall be considered as approved.

5. In the event that tariffs are not agreed in accordance with paragraph 3 of this Article or that the Aeronautical Authorities of either Contracting Party disapprove of the tariffs so agreed, the Aeronautical Authorities of the Contracting Parties shall endeavour to determine the tariffs by mutual agreement. Should the Aeronautical Authorities of the Contracting Parties fail to reach such agreement, the dispute shall be dealt with in accordance with Article 13 of this Agreement. Pending the settlement of the dispute, the tariffs already established, shall continue to be charged by the airlines concerned, unless otherwise agreed by the Aeronautical Authorities of the Contracting Parties.

6. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve months after the date on which it otherwise would have expired, unless renewed by the Aeronautical Authorities concerned.

Artikel 8

1. The Contracting Parties shall provide fair and equal opportunity for the airlines designated by both Parties to operate the agreed services on the specified routes.

2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides 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 a reasonable load factor, of capacity adequate to meet 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.

4.

Provision for the carriage of passengers, cargo and mail taken on in the territory of the other Contracting Party and put down at the points on the specified routes in the territories of third countries and vice versa shall be made in accordance with the general principles that capacity shall be related to:

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

Artikel 9

1. Each Contracting Party shall cause its designated airline to supply to the Aeronautical Authorities of the other Contracting Party, as long in advance as practicable, but not less than 30 days prior to the inauguration of the agreed services, information regarding the type of service, the type and configuration of aircraft to be used and the flight schedules. Upon request of the Aeronautical Authorities of either Contracting Party the designated airline of the other Contracting Party shall also supply all other relevant information as may be reasonably requested concerning the operation of the agreed services and such other information as may be reasonably required to satisfy the said Aeronautical Authorities that the requirements of the present Agreement are being duly observed. The requirements of this paragraph shall likewise apply to any change concerning the agreed services.

2. If requested, the Aeronautical Authorities of one Contracting Party shall furnish to the Aeronautical Authorities of the other Contracting Party statistics relating to the traffic carried by the designated airline of the first Contracting Party on its agreed services to and from the territory of the other Contracting Party, showing the points of embarkation and disembarkation of such traffic.

Artikel 10

The designated airlines of the two Contracting Parties may enter into such agreements between themselves on commercial, operational and technical matters as may be required by them.

Artikel 11

In a spirit of close co-operation, 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 the present Agreement and the Annex hereto.

Artikel 12

1. If either of the Contracting Parties considers it desirable to modify any provisions of the present Agreement and/or its Annex, it may request consultations with the other Contracting Party. Such consultations, which may be between the respective Aeronautical Authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request.

2. Any modifications of the present Agreement decided upon during the consultations referred to in paragraph 1 above, shall be agreed upon in writing between the Contracting Parties and shall take effect on the date on which the Contracting Parties have informed each other in writing that the formalities constitutionally required therefor in their respective countries have been complied with.

3. The respective Aeronautical Authorities are entitled to agree in writing to any modifications of the Annex to the present Agreement. Such modifications shall take effect on a date to be determined by an exchange of diplomatic notes.

Artikel 13

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.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organisation may be requested by either Contracting Party to appoint an arbitrator or arbitrators, as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

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

4. During pendency of the dispute the Contracting Parties shall continue to comply with the provisions of this Agreement.

Artikel 14

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organisation. In such case the Agreement shall terminate twelve (12) 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 of the notice by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organisation.

Artikel 15

1. The present Agreement shall be provisionally applicable from the date of its signature and shall come into force on a date to be laid down in an exchange of diplomatic notes, which shall state that the constitutional requirements, if any, of each Contracting Party have been complied with.

2. As regards the Kingdom of the Netherlands, the Agreement shall be applicable to the Kingdom in Europe only.