rijk/verdrag/protocol-met-betrekking-tot-de-luchtvaartovereenkomst-tussen-het-koninkrijk-der/BWBV0003661

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Protocol met betrekking tot de Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika van 1957	BWBV0003661	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0003661	Protocol met betrekking tot de Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika van 1957

Protocol met betrekking tot de Luchtvaartovereenkomst tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika van 1957

Artikel 1

(a). The term “air service” means scheduled air service or charter air service of both, as the context requires, performed by aircraft for the public transport of passengers, cargo or mail, separately or in combination, for compensation;

(b). The term “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes (i) any amendment thereto which has entered into force under Article 94(a) thereof and has been ratified by both Contracting Parties; and (ii) any Annex of any amendment thereto adopted under Article 90 of that Convention, insofar as such amendment or Annex is at any given time effective for both Contracting Parties;

(c). The term “designated airline” means an airline designated and authorized in accordance with the terms of this Agreement;

(d). The term “user charge” means a charge made to airlines for the provision of airport, air navigation of aviation security property or facilities, including related services and facilities.

Artikel 2

1. Each Contracting Party shall have the right to designate as many airlines as it wishes to conduct international air services in accordance with this Agreement and to withdraw or alter such designations. Such designations shall be transmitted to the other Contracting Party in writing through diplomatic channels, and shall identify whether the airline is authorized to conduct the scheduled or charter air service specified in this Agreement, or both.

2. On receipt of such a designation, and of applications from the designated airline in the form and manner prescribed for operating authorizations and technical permissions, the other Contracting Party shall with minimum procedural delay grant to the designated airline or airlines the appropriate operating authorizations and technical permissions, provided the airline meets the standards set forth in this Agreement and is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party considering the application or applications.

Artikel 3

Wijzigt de Luchtvaartovereenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Verenigde Staten van Amerika; Washington, 3 april 1957.

Artikel 4

(a).

The designated airline(s) of each Contracting Party shall have the right to carry international charter traffic in passengers (and their accompanying baggage) and/or cargo between any point or points in one Contracting Party via intermediate points to any point or points in the other Contracting Party and beyond, provided that the service must serve a point in the territory of the Contracting Party designating the airline.

In the performance of services covered by this Article, the airline(s) of one Contracting Party shall also have the right:

1. 1. to make stopovers at any points whether within or outside the territory of either Contracting Party;
2. 2. to carry traffic through the other Contracting Party's territory;
3. 3. to combine on the same aircraft traffic originating in one Contracting Party's territory with traffic originating in the other Contracting Party's territory;
4. 4. to combine on the same aircraft traffic originating at or destined for a point or points behind a point in its territory with U.S. - Netherlands traffic; and
5. 5. to combine on the same aircraft traffic orginating at or destined for an intermediate point or points, or traffic originating at or destined for a point or points beyond the territory of either Contracting Party with U.S. - Netherlands traffic.

Each Contracting Party shall extend favorable consideration to applications by the designated airline(s) of the other Contracting Party to carry traffic not covered by this Article on the basis of comity and reciprocity.

(b). Any airline designated by either Contracting Party performing international charter air transportation originating in the territory of either Contracting Party shall have the option of complying with the charter laws, regulations and rules of either its homeland or of the other Contracting Party. If a Contracting Party applies different rules, regulations, terms, conditions, or limitations to one or more of its airlines, or to airlines of different countries, each designated airline shall be subject to the least restrictive criteria. However, nothing in this paragraph shall limit the rights of one Contracting Party to require airlines designated under this Article by the other Contracting Party to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights.

(c). Neither Contracting Party shall require a designated airline of the other Contracting Party, in respect of the carriage of traffic from the territory of that other Contracting Party on a one-way or roundtrip basis, to submit more than a declaration of conformity with the laws, regulations and rules of that other Contracting Party referred to under paragraph (b) of this Article or of a waiver of these regulations or rules granted by the aeronautical authorities of that other Contracting Party.

Artikel 5

1. Each Contracting Party shall allow a fair, equal, and nondiscriminatory opportunity for the designated airlines of both Contracting Parties to compete with the designated airlines of the other Contracting Party.

2. Neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

3. Neither Contracting Party shall impose on the other Contracting Party's designated airlines a first refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to the capacity, frequency or traffic which would be inconsistent with the purposes of this Agreement.

4. Neither Contracting Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce uniform conditions as foreseen by paragraph (2) of this Article or as may be specifically authorized in this Agreement. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Contracting Party.

Artikel 7

(a). Each Contracting Party shall minimize the administrative burdens of filing requirements and procedures on charterers and on designated airlines of the other Contracting Party.

(b). A designated airline of one Contracting Party proposing to carry charter traffic originating in the territory of the other Contracting Party shall comply with the applicable rules of that other Contracting Party.

(c). Neither Contracting Party shall require a designated airline of the other Contracting Party, in respect of the carriage of charter traffic originating in the territory of that other Contracting Party, to submit more than a declaration of conformity with the rules specified in that other Party's designation, or of a waiver of these rules granted by the aeronautical authorities of that other Contracting Party.

(d). Notwithstanding paragraph (c) above, each Contracting Party may require that a designated airline of the other Contracting Party provide such advance information with regard to flights as is essential for customs, airport, and air traffic control purposes.

(e). Designated airlines shall comply with established procedures in regard to airport slotting and shall provide prior notification of flights or series of flight to the relevant authorities if so required.

(f). Neither Contracting Party shall require prior approval of flights or notifications of information relating thereto by designated airlines of the other Contracting Party, except as provided in subparagraphs (b), (c), (d) and (e) above.

Artikel 8

(a). The Contracting Party in whose territory the traffic originates shall, for practical purposes, have exclusive jurisdiction for the enforcement of its rules and regulations.

(b). The Contracting Parties shall cooperate with each other on enforcement matters. Where evidence is obtained of a possible violation of the rules of the other Contracting Party with regard to traffic originating in that Party's territory, a Contracting Party shall transmit such evidence to the other Contracting Party for investigation and appropriate enforcement action, instead of interrupting flights or interfering with traffic which originated in the territory of the other Contracting Party.

(c). Each Contracting Party may take such steps as it considers necessary to regulate the conduct of its own airlines, charterers, travel organizers, agents, forwarders or shippers offering or organizing services covered by the Agreement and this Protocol. However, such regulations shall not preclude or limit the power of the other Contracting Party to regulate, within its territory and pursuant to its domestic laws, the conduct of such organizations or individuals of the first Contracting Party.

Artikel 9

The Contracting Parties reaffirm their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air services and undermine public confidence in the safety of civil aviation. The Contracting Parties agree to provide maximum aid to each other with a view to preventing hijackings and sabotage to aircraft, airports and air navigation facilities and threats to aviation security. The Contracting Parties reaffirm their commitments under and shall have regard to the provisions of the Convention on Offences 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. The Contracting Parties shall also have regard to applicable aviation security provisions established by the International Civil Aviation Organization. The Contracting Parties agree to observe the security provisions required by each Party for entry into the territory of that Party. The Parties agree to take adequate measures to screen passengers and their carry-on items. When incidents or threats of hijacking or sabotage against aircraft, airports or air navigation facilities occur, the Contracting Parties shall assist each other by facilitating communications intended to terminate such incidents rapidly and safely. Each Contracting Party shall give sympathetic consideration to any request from the other for special security measures for its aircraft or passengers to meet a particular threat.

Artikel 10

(a). Each designated airline shall have the right to perform its own ground handling in the territory of the other Contracting Party or to use the services of an authorized agent of its choice. Such agents shall be freely authorized, subject to the availability of airport facilities.

(b). 1. 1. User charges that may be imposed by the competent charging authorities or bodies of one Contracting Party on the designated airlines of the other Contracting Party shall be just, reasonable, nondiscriminatory, and equitably apportioned among categories of users. In any event, any such charge shall be assessed on the airlines of the other Contracting Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed. 2. 2. User charges imposed on the airlines of the other Contracting Party may reflect, but shall not exceed, an equitable portion of the full cost to the competent charging authorities or bodies of providing the appropriate airport, air navigation, airport environmental, and aviation security facilities and services, and in the case of airports, may provide for a reasonable rate of return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient basis. Reasonable notice shall be given prior to changes in user charges. 3. 3. Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its territory and airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary for an accurate review of the reasonableness of the charges in light of the principles of paragraphs (1) and (2) of this Article.

Artikel 11

Article 10 of the Agreement is amended by deleting the second paragraph thereof and the Notes exchanged on November 25, 1969, concerning Article 10 of the Agreement are no longer in effect.

Artikel 12

If a multilateral agreement concerning charter air transportation accepted by both Contracting Parties enters into force, the Agreement and this Protocol shall be amended so as to conform with the provisions of the multilateral agreement.

Artikel 13

Consultations shall be scheduled at an early date for the purpose of concluding within six months a new air transport agreement governing all types of air services which would incorporate the provisions of this Protocol and up-to-date provisions on such matters as airworthiness and security standards, user charges, commercial operations and arbitration.

Artikel 14

The provisions of this Protocol shall be applied from the date of its signature until a new air transport agreement as provided for in Article 13 of this Protocol enters into force.