rijk/verdrag/verdrag-inzake-luchtdiensten-tussen-het-koninkrijk-der-nederlanden-ten-behoeve-v/BWBV0006957

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en IJsland	BWBV0006957	verdrag	geldend	2023-06-01	https://wetten.overheid.nl/BWBV0006957	Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en IJsland

Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en IJsland

Artikel 1

For the purposes of this Agreement, unless the context otherwise requires:

1. 1. the term “aeronautical authorities” means, in the case of Iceland, the Ministry of Transport and Local Government; and, in the case of the Kingdom of The Netherlands, in respect of Sint Maarten, the Minister of Tourism, Economic Affairs, Traffic and Telecommunication; or, in both cases, any person or authority authorized to perform the functions exercised by the said authority or its successor;
2. 2. the term “Agreement” means this Agreement, its Annexes, and any amendments thereto;
3. 3. the term “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annexes or amendments are at any given time effective for both Parties;
4. 4. the term “designated airline” means an airline designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
5. 5. the term “European Economic Area” (EEA) means the enhanced free trade area established by the Agreement on the European Economic Area, done at Oporto on 2 May 1992, between the European Union and its Member States on the one hand and the European Free Trade Association States (EFTA) with the exclusion of Switzerland on the other hand, of which Iceland is a Member State;
6. 6. the term “full cost” means the cost of providing services plus a reasonable charge for administrative overhead;
7. 7. the term “international air service” means an air service that passes through the airspace over the territory of more than one State;
8. 8. the term “Tariff” means any fare, rate or charge for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air service charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
9. 9. the terms “stop for non-traffic purposes”, “airline”, “air service” and “territory” have the meaning specified in Articles 2 and 96 of the Convention;
10. the term “user charges” means a charge or charges imposed on airlines for the provision of airport, air navigation or aviation security facilities or services including related services and facilities; and
11. the term “nationals”, in the case of Iceland, shall be understood as referring to a national of Iceland or a national of a Member State of the Agreement on the European Economic Area; and, in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, means nationals of the Kingdom of the Netherlands who are formally registered as local citizens with the Dutch nationality in the municipal registry of Sint Maarten.

Artikel 2

1.

Each Party grants the other Party’s designated airlines the following rights for the conduct of international air services:

a) a) the right to fly across its territory without landing; b) b) the right to make stops for non-traffic purposes in its territory; and c) c) the rights otherwise specified in this Agreement.

2. Nothing in paragraph 1 in this Article shall be deemed to confer on the designated airline or airlines of one Party the right to take on board, in the territory of the other Party, passengers, their baggage, cargo or mail carried for remuneration and destined for another point in the territory of that other Party.

Artikel 3

1. Each Party shall have the right to designate, in writing through an exchange of diplomatic notes to the other Party, an airline or airlines for the purpose of operating the agreed services, in accordance with this Agreement, on each of the routes specified in Annex I to this Agreement, and to withdraw or alter such designations.

2.

Upon 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 aeronautical authorities of other Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided that:

a) a) in the case of an airline designated by Iceland:

        (i)
        the airline is established in the territory of Iceland in accordance with the Agreement on the European Economic Area, and the airline has a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; and
      
      
        (ii)
        effective regulatory control of the airline is exercised and maintained by the Member State of the European Economic Area responsible for issuing its Air Operator’s Certificate, and the relevant aeronautical authority is clearly identified in the designation; and
      
      
        (iii)
        the airline is owned and shall continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area and shall at all times be effectively controlled by such states and/or nationals.

(i) (i) the airline is established in the territory of Iceland in accordance with the Agreement on the European Economic Area, and the airline has a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; and (ii) (ii) effective regulatory control of the airline is exercised and maintained by the Member State of the European Economic Area responsible for issuing its Air Operator’s Certificate, and the relevant aeronautical authority is clearly identified in the designation; and (iii) (iii) the airline is owned and shall continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area and shall at all times be effectively controlled by such states and/or nationals. b) b) in the case of an airline designated by Sint Maarten:

        (i)
        the airline is established in the territory of Sint Maarten, and the airline has a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; and
      
      
        (ii)
        effective regulatory control of the airline is exercised and maintained by Sint Maarten and the aeronautical authority of Sint Maarten is clearly identified in the designation; and
      
      
        (iii)
        the airline is owned and shall continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten and shall, at all times, be effectively controlled by Sint Maarten and/or its nationals.

(i) (i) the airline is established in the territory of Sint Maarten, and the airline has a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; and (ii) (ii) effective regulatory control of the airline is exercised and maintained by Sint Maarten and the aeronautical authority of Sint Maarten is clearly identified in the designation; and (iii) (iii) the airline is owned and shall continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten and shall, at all times, be effectively controlled by Sint Maarten and/or its nationals. c) c) the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party considering the application or applications; and d) d) the designated airline is maintaining and administering the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.

3. When an airline has been so designated and authorized, it may begin to operate the agreed services on the routes specified in Annex I to this Agreement, provided that the airline complies with all applicable provisions of this Agreement.

Artikel 4

1.

Either Party may withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline designated by the other Party where:

a) a) in the case of an airline designated by Iceland:

        (i)
        the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or
      
      
        (ii)
        effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
      
      
        (iii)
        the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals.

(i) (i) the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or (ii) (ii) effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or (iii) (iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals. b) b) in the case of an airline designated by Sint Maarten:

        (i)
        the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or
      
      
        (ii)
        effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or
      
      
        (iii)
        the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals.

(i) (i) the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or (ii) (ii) effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or (iii) (iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals. c) c) the designated airline is not qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party considering the application or applications; or d) d) the designated airline is not maintaining and not administering the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.

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

3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.

Artikel 5

1. While entering, within, or leaving the territory of one Party, its laws and regulations relating to the operation and navigation of aircraft shall be complied with by the other Party’s airlines.

2. While entering, within, or leaving the territory of one Party, its laws and regulations relating to the admission to or departure from its territory of passengers, crew or cargo on aircraft, including regulations relating to entry, clearance, aviation security, immigration, passports, customs and quarantine, or, in the case of mail, postal regulations, shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party’s airlines.

3.

Neither Party shall give preference to its own or any other airline over a designated airline of the other Party engaged in similar international air services in the application of its immigration, customs, quarantine and similar regulations.

Artikel 6

1. Certificates of airworthiness, certificates of competency and licenses issued or validated by any Party responsible for the regulatory control of a designated airline and still in force shall be recognized as valid by each Party, for the purpose of operating the agreed services provided for in this Agreement, provided that the requirements under which such certificates and licenses were issued or validated are at least equal to or above the minimum standards which may be established pursuant to the Convention.

2. Each Party reserves the right, however, to refuse to recognize as valid, for the purpose of flight above or landing within its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.

Artikel 7

1. Either Party may request consultations at any time concerning the safety standards maintained by the other Party relating to aeronautical facilities, crew, aircraft and operation of aircraft.

2. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 1 of this Article that meet the standards established at that time pursuant to the Convention, the other Party shall be informed of such findings and of the steps considered necessary to conform with the safety standards. The other Party shall then take appropriate corrective action within an agreed time period.

3. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of the other Party, may, while within the territory of the other Party be the subject of a search by the authorized representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention.

4. When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party.

5. Any action by one Party in accordance with paragraph 4 of this Article shall be discontinued once the basis of the taking of that action ceases to exist.

6. With reference to paragraph 2 of this Article, if it is determined that one Party remains in non-compliance with the safety standards when the agreed time period has lapsed, the Secretary-General of the International Civil Aviation Organization should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

7. Where one Party has designated an airline whose regulatory control is exercised and maintained by a third State, the rights of the other Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that third State and in respect of the operating authorization of that airline.

Artikel 8

1. Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation 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 Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991 and any other convention and protocol relating to the security of civil aviation to which both Parties become parties.

2. Upon request the Parties shall provide each other with all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities and any other threat to the security of civil aviation.

3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention. The Parties shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory and operators of airports in their territory act in conformity with such aviation security provisions.

4. Each Party shall advise the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes to the Convention. Either Party may request immediate consultations with the other Party at any time to discuss any such differences.

5. Each Party agrees that operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Party for entry into, departure from or while within the territory of that other Party. Each Party shall ensure that adequate measures are effectively applied within its territory to protect aircraft and to inspect passengers, crew and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.

6. 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, crew, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

7. Each Party shall have the right, within sixty (60) days following notice, or such shorter period as may be agreed between the aeronautical authorities, for its aeronautical authorities to conduct an assessment in the territory of the other Party of the security measures being carried out or planned to be carried out by aircraft operators in respect of flights arriving from or departing to the territory of the first Party. The administrative arrangements for the conduct of such assessment shall be agreed upon between the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.

8. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, suspend, limit or impose conditions on the operating authorizations and technical permissions of an airline or airlines designated by that other Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, a Party may take interim action prior to the expiry of fifteen (15) days.

Artikel 9

1. The designated airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air services.

2. The designated airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment to bring into and to maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff required for the operation of the agreed services.

3. The designated airlines of each Party shall have the right to perform its own ground-handling in the territory of the other Party (“self-handling”) or, at its option, to select among competing agents to perform such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines, charges shall be based on the costs of services provided and such services shall be comparable to the kind and quality of services which would be available if self-handling were possible.

4. The designated airlines of each Party may engage in the sale of air services in the territory of the other Party directly and, at the airline’s discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, passenger cancellation and refund rights referred to under Section 2 of Annex II to this Agreement. Each airline shall have the right to sell such transportation and any person shall be free to purchase such transportation in the currency of that country or in freely convertible currencies.

5. The designated airlines of each Party shall have the right to convert and remit to its country, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance.

6. The designated airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the designated airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulations.

7.

In operating or holding out the agreed services on the specified routes, any designated airline of one Party may enter into co-operative marketing arrangements, such as blocked-space, code-sharing or leasing arrangements, with

a) a) an airline or airlines of either Party; and b) b) an airline or airlines of a third country,

provided that such a third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such a third country, provided that all airlines in such arrangements

1. 1. hold the appropriate authority; and
2. 2. meet the requirements normally applied to such arrangements.

Artikel 10

1. Each Party shall, on the basis of reciprocity, exempt a designated airline of the other Party to the fullest extent possible under its national law from customs duties, excise taxes, inspection fees and other national duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco and other products destined for sale or to be used solely in connection with the operation or servicing of aircraft) and other items, such as printed ticket stock, air waybills, any printed material which bears the insignia of the company printed thereon, and usual publicity material distributed free of charge by that designated airline intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Party operating the agreed services.

2.

The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:

a) a) introduced into the territory of the Party by or on behalf of the designated airline of the other Party; b) b) retained on board aircraft of the designated airline of one Party upon arrival in or leaving the territory of the other Party; or c) c) taken on board aircraft of the designated airline of one Party in the territory of the other Party and intended for use in operating the agreed services,

whether or not such items are used or consumed wholly within the territory of the Party granting the exemption, provided that the ownership of such items is not transferred in the territory of the said Party.

3. The regular airborne equipment, as well as the items and supplies normally retained on board the aircraft of the designated airline of either Party, may be unloaded in the territory of the other Party only with the approval of the customs authorities of that territory. In such case, they may be placed under supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

4. The exemptions provided for by this Article shall also apply in situations where a designated airline of one Party has entered into arrangements with other airlines for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article, provided that such other airlines similarly enjoy such exemptions from the other Party.

5. Nothing in this Agreement shall prevent either Party from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline of the other Party that operates between a point or points in the territory of the first Party and another point in the territory of that Party or a point in the territory of another European Union Member State or a Member State of the European Economic Area or a Member State to the European Free Trade Association.

Artikel 11

1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favourable than the most favourable terms available to any other airline at the time the charges are assessed.

2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, 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 Party shall encourage consultations between the competent charging authorities or bodies in its territory and the 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 to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.

4.

Neither party shall be held, in dispute resolution procedures pursuant to Article 16 (Consultations and Settlement of Disputes) of this Agreement, to be in breach of a provision of this Article, unless;

a) a) it fails to undertake a review of the user charge or practice that is the subject of complaint by the other Party within a reasonable time period; or b) b) following such a review it fails to take all steps within its power to remedy any user charge or practice that is inconsistent with this Article.

Artikel 12

1. Profits from the operation of the aircraft of a designated airline in international traffic shall be taxable only in the territory of the Party in which the place of effective management of that airline is situated.

2. Capital represented by aircraft operated in international traffic by a designated airline and by movable property pertaining to the operation of such aircraft shall be taxable only in the territory of the Party in which the place of effective management of that airline is situated.

3. When a special agreement for the avoidance of double taxation with respect to taxes on income and on capital exists between the Parties, the provisions of the latter shall prevail.

Artikel 13

1. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in providing the international air services governed by this Agreement.

2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air services it offers based upon commercial considerations in the marketplace. Consistent with this right, neither 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 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 Party shall impose on the other Party's designated airlines a first refusal requirement, uplift ratio, no-objection fee or any other requirement with respect to capacity, frequency or traffic which would be inconsistent with the purposes of this Agreement.

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

Artikel 14

1.

Each Party shall allow Tariffs for air services to be decided by each designated airline based on commercial considerations in the marketplace. Intervention by the Parties shall be limited to:

a) a) prevention of unreasonably discriminatory Tariffs or practices; b) b) protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and c) c) protection of airlines from Tariffs that are artificially low due to direct or indirect governmental subsidy or support.

2. Each Party may require notification or filing with its aeronautical authorities of Tariffs to be charged for Air Services to or from its territory by airlines of the other Party. Notification or filing by the airlines of both Parties may be required no more than thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Party shall require the notification or filing with its aeronautical authorities of Tariffs to be charged to or from its territory for charters to the public by airlines of the other Party, except as may be required on a non-discriminatory basis for information purposes.

3. Notwithstanding paragraphs 1 and 2 of this Article, the Tariffs to be charged by the designated airline of Sint Maarten for carriage wholly within the European Economic Area shall be subject to the Agreement on the European Economic Area.

Artikel 15

Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air services any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo transportation. Such intermodal cargo services may be offered at a single through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Artikel 16

1. In a spirit of close co-operation, either Party may, at any time, request consultations relating to this Agreement, its implementation and satisfactory compliance with the provisions of this Agreement. If any dispute arises between the Parties relating to the interpretation or application of this Agreement, the Parties shall in the first place endeavour to settle it by consultation and negotiation.

2. Any dispute which cannot be settled by consultation and negotiation may, at the request of either Party to this Agreement, be submitted to a mediator or a dispute settlement panel. Such a mediator or panel may be used for mediation, determination of the substance of the dispute or to recommend a remedy or resolution of the dispute.

3. The Parties shall agree in advance on the terms of reference of the mediator or of the panel, the guiding principles or criteria and the terms of access to the mediator or the panel. They shall also consider, if necessary, providing for an interim relief and the possibility for the participation of any third party that may be directly affected by the dispute, bearing in mind the objective and need for a simple, responsive and expeditious process.

4. A mediator or the members of a panel may be appointed from a roster of suitably qualified aviation experts maintained by the International Civil Aviation Organization. The selection of the expert or experts shall be completed within fifteen (15) days of receipt of the request for submission to a mediator or to a panel. If the Parties fail to agree on the selection of an expert or experts, the selection may be referred to the President of the Council of the International Civil Aviation Organization. Any expert used for this mechanism should be adequately qualified in the general subject matter of the dispute.

5. A mediation should be completed within sixty (60) days of engagement of the mediator or the panel and any determination, including, if applicable, any recommendations, should be rendered within sixty (60) days of engagement of the expert or experts. The Parties may agree in advance that the mediator or the panel may grant interim relief to the complainant, if requested, in which case a determination shall be made initially.

6. The Parties shall co-operate in good faith to advance the mediation and to be bound by any decision or determination of the expert or experts, unless they otherwise agree. If the Parties agree in advance to request only a determination of the facts, they shall use those facts for resolution of the dispute.

7. The costs of this mechanism shall be estimated upon initiation and apportioned equally, but with the possibility of re-apportionment under the final decision.

8. The mechanism is without prejudice to the continuing use of the consultation process, the subsequent use of arbitration or termination under Article 18 (Termination) of this Agreement.

Artikel 17

1. If either Party considers it desirable to amend any provision of this Agreement, including the Annexes thereto, it may request consultations between the aeronautical authorities of both Parties in relation to the proposed amendment. Such consultations shall commence within a period of sixty days (60) from the date of receipt of the request.

2. Any amendment to this Agreement shall be agreed upon by the Parties and shall be effected through an exchange of diplomatic notes. Such amendment shall enter into force in accordance with the provisions of Article 21 (Entry into force) of this Agreement.

3. Notwithstanding the provisions of paragraph 2 of this Article, any amendment to Annex I to this Agreement shall be agreed upon between the aeronautical authorities of both Parties, and confirmed through an exchange of diplomatic notes, and shall enter into force on a date to be determined in the diplomatic notes. This exception to paragraph 2 of this Article does not apply in case any traffic rights are added to the above-mentioned Annex.

Artikel 18

Either Party may, at any time, give notice in writing through diplomatic channels to the other Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at the place of receipt of the notice at midnight one (1) year after the date of receipt of the notice by the other Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) days after the date it was received by the International Civil Aviation Organization.

Artikel 19

As regards the Kingdom of the Netherlands, this Agreement shall apply to the territory of Sint Maarten only.

Artikel 20

This Agreement and all amendments thereto shall be registered upon their signature with the International Civil Aviation Organization.

Artikel 21

1. This Agreement and its Annexes shall enter into force on the first day of the second month following the date of the later note in an exchange of diplomatic notes between the Parties through diplomatic channels confirming that each Party has completed the necessary internal procedures for entry into force of this Agreement and its Annexes.

2. Upon entry into force, this Agreement shall supersede, in the relation between Sint Maarten and Iceland, the Air Transport Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Iceland, signed at The Hague, 22 March 1950.