rijk/verdrag/verdrag-inzake-luchtvervoer-tussen-het-koninkrijk-der-nederlanden-ten-behoeve-va/BWBV0006508

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Republiek Panama	BWBV0006508	verdrag	geldend	2016-10-01	https://wetten.overheid.nl/BWBV0006508	Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Republiek Panama

Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Republiek Panama

Artikel 1

For the purposes of this Agreement, unless otherwise stated, the term:

1. 1. “Aeronautical authorities” means, in the case of the Kingdom of the Netherlands, in respect of Aruba, the Department of Civil Aviation of Aruba or its successor and, in the case of the Republic of Panama, the Civil Aviation Authority (the competent officials and any person or agency authorised to perform the functions exercised by the said competent officials);
2. 2. “Agreement” means this Agreement, its Annexes and any amendments thereto;
3. 3. “Air transport” means any service provided by means of aircraft for the public transport of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;

4. 4. “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes:

      a)
      any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties; and
      
      
      b)
      any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties;
      

a) a) any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties; and b) b) any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties; 5. 5. “Designated airlines” means the airlines designated and authorised in accordance with Article 3 of this Agreement; 6. 6. “Full cost” means the cost of providing service plus a reasonable charge for administrative overhead; 7. 7. “International air transport” means air transport that passes through the airspace over the territory of more than one State; 8. 8. “Price” means any fare, rate or charge for the air transport of passengers (and their baggage) and/or cargo (excluding mail), or both, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge; 9. 9. “Stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo or mail in air transport; 10. 10. “Territory” has the meaning assigned to it in Article 2 of the Convention; 11. 11. “User charges” means charges imposed on airlines for the provision of airport, air navigation, or aviation security services or facilities, including related services and facilities.

Artikel 2

1.

Each Party grants to the other Party the following rights for the conduct of international air transport by the airlines of the other Party:

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

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

Artikel 3

1. Either Party shall have the right to designate such airlines as it wishes to conduct international air transport in accordance with this Agreement and to withdraw or alter such designations. Such designations shall be transmitted to the other Party in writing through diplomatic channels, and it shall be indicated whether the airline in question is authorised to conduct the type of air transport specified in Annex 1 or in Annex 2 or both.

2.

On receipt of such a designation, and of applications from the designated airline, in accordance with what is prescribed for the granting of service authorisations and technical permissions, the other Party shall grant the appropriate service authorisations and technical permissions without procedural delay, provided that:

a) a) the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering its application; and b) b) the Party designating the airline is maintaining and administering the standards set forth in Article 6 (Safety) and Article 7 (Aviation Security).

Artikel 4

1.

Either Party may revoke, suspend or limit the operating authorisations or technical permissions of an airline designated by the other Party where:

a) a) that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement; or b) b) the other Party is not maintaining and administering the standards set forth in Article 6 (Safety).

2. Unless immediate action is essential to prevent further non-compliance as referred to in subparagraphs 1a and 1b of this Article, the rights established by this Article shall be exercised only after consultation with the other Party.

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

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 airlines of the other Party.

2. While entering, within, or leaving the territory of one Party, the 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 airlines of the other Party.

Artikel 6

1. Each Party shall recognise as valid, for the purpose of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for granting such certificates or licences at least equal the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognise as valid, for the purpose of flight above its own territory, certificates of competency and licences granted to or validated for its own nationals by the other Party.

2. Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrews, aircraft and operation of designated airlines. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuant to the Convention, it shall notify the other Party of such findings and the steps considered necessary to comply with these minimum standards, and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke or limit the operating authorisation or technical permission of an airline or airlines designated by the other Party in the event that the other Party does not take such appropriate corrective action within a reasonable time.

Artikel 7

1. In accordance 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, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.

2. The Parties agree to provide all necessary assistance to each other to prevent unlawful seizure of aircraft, of their passengers and crew, and of airports and air navigation facilities, and to address any threat to the security of civil air navigation.

3. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention. This requires that operators of aircraft of their registry, operators of aircraft who have their 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 agrees to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory of that other Party and to take adequate measures 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.

5. When an incident or threat of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, 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.

6. 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. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute grounds to withhold, revoke, limit or impose conditions on the operation authorisation and technical permissions of the airlines of the other Party. When required by an emergency, a Party may take interim action prior to the expiry of the 15 days.

Artikel 8

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

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 maintain in the territory of the other Party managerial, sales, technical and other specialist staff required for the provision of air transport.

3. Each designated airline 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. Such 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 the services provided, and such services shall be comparable in kind and quality to the services that would be provided if self-handling were possible.

4. Any airline of each Party may engage in the sale of air transport in the territory of the other Party directly and, at its own discretion, through its agents, except as may be specifically provided for by the charter regulations of the relevant Party that relate to the protection of passenger funds and to passenger cancellation and refund rights. Each airline shall have the right to sell such transport, and any person shall be free to purchase such transport, in the currency of that territory or in freely convertible currencies.

5. Each airline shall have the right to convert and remit to its country, on emand, 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 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 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 operation or holding out the authorised services on the agreed routes, any designated airline of one Party may enter into cooperative 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 third country authorises or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from or via such third country, provided that all airlines in such arrangements:

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

1. 1.   hold the appropriate authority; and
      

2. 2.   meet the requirements normally applied to such arrangements.
      

Artikel 9

1.

On arriving in the territory of one Party, aircraft operated in international air transport by the designated airlines of the other Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft supplies (including but not limited to such items of food, beverages and liquor, tobacco and other products destined for sale to or use by passengers in limited quantities during flight), and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transport shall be exempt, on the basis of reciprocity, from all import restrictions, property taxes and capital levies, customs duties, excise taxes and similar fees and charges that are:

a) a) imposed by the national authorities; and b) b) not based on the cost of services, provided that such equipment and supplies remain on board the aircraft.

2.

They shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:

a) a) aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transport, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; b) b) ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance or repair of aircraft of an airline of the other Party engaged in international air transport; c) c) fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transport, even when these supplies are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; and d) d) promotional and advertising materials introduced into the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transport, even when these materials are to be used on a part of the journey performed over the territory of the Party in which they are taken on board.

3. Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the appropriate authorities.

4. The exemptions provided for by this Article shall also be available where the designated airlines of one Party have contracted with another airline, which similarly enjoys such exemptions from the other Party, for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article.

Artikel 10

1. User charges imposed by the competent authorities of one 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, charges imposed on the airlines of the other Party shall be applied in terms not less favourable than the most favourable terms imposed on any other airline at the time the charges are assessed.

2. User charges imposed on the airlines of the other Party may correspond to, but shall not exceed, an equitable share of the full cost to the competent charging authorities 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 these 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 14, to be in breach of a provision of this Article, unless:

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

Artikel 11

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

2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transport 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 designated airlines of the other Party a first-refusal requirement, uplift ration, no-objection fee or any other requirement with respect to capacity, frequency or traffic that 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 authorised in an Annex to this Agreement. If a Party requires such filings for information purposes, it shall minimise the administrative burdens of filing requirements and procedures on air transport intermediaries and on designated airlines of the other Party.

Artikel 12

1.

Each Party shall allow prices for air transport to be established 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 prices or practices; b) b) protection of consumers from prices that are unreasonably high or restrictive owing to the abuse of a dominant position; and c) c) protection of airlines from prices that are artificially low owing to direct or indirect governmental subsidy or support.

2. Each Party may require notification to or filing with its aeronautical authorities of prices to be charged to or from its territory by airlines of the other Party. Notification or filing by the airlines of the other Party may not be required more than 15 days before the proposed date of effectiveness. In specific cases, notification or filing may be permitted on shorter notice. Neither Party shall require the notification or filing by airlines of the other Party of prices charged by charterers to the public, except as may be required on a non-discriminatory basis for information purposes.

3.

Neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by:

a) a) the airlines of either Party for international air transport between the territories of the Parties; or b) b) the airlines of one Party for international air transport between the territory of the other Party and any other country, including in both cases transport on an interline or intraline basis.

4. If either Party believes that any such price is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall go into effect or continue in effect.

Artikel 13

Either Party may, at any time, request consultations relating to this Agreement. Such consultations shall begin at the earliest possible date, but not later than 60 days from the date the other Party receives the request, unless otherwise agreed.

Artikel 14

1. Any dispute arising under this Agreement, except those that may arise under paragraph 3 of Article 12 (Pricing), that is not resolved by a first round of formal consultations may be referred by agreement of the Parties for decision to some person or body. If the Parties do not resort to the aforementioned procedure, the dispute shall, at the request of either Party, be submitted to arbitration in accordance with the procedures set forth below.

2.

Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:

a) a) Within 30 days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President of the arbitral tribunal; b) b) If either Party to the dispute fails to name an arbitrator, or if the third arbitrator is not appointed in accordance with subparagraph a of this paragraph, either of the Parties in question may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President is of the same nationality as one of the Parties, the most senior Vice-President who is not disqualified on that ground shall make the appointment.

3. Except as otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedural rules. The tribunal, once formed, may recommend interim relief measures pending its final determination. At the direction of the tribunal or at the request of either of the Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 15 days after the tribunal is fully constituted.

4. Except as otherwise agreed, each Party to the dispute shall submit a memorandum within 45 days of the time the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Party or on its own initiative within 15 days after replies are due.

5. The tribunal shall attempt to render a written decision within 30 days after completion of the hearing, or if no hearing is held, after the date both replies are submitted. The decision of the majority of the tribunal shall prevail.

6. The Parties may submit requests for clarification of the decision within 15 days after it is rendered, and any clarification given shall be issued within 15 days of such request.

7. Each Party shall, to the degree consistent with national law, give full effect to any decision or award of the arbitral tribunal.

8. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures referred to in paragraph 2b of this Article shall be considered to be part of the expenses of the arbitral tribunal.

Artikel 15

Either Party may, at any time, give notice in writing 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 midnight (at the place of receipt of the notice to the other Party) immediately before the first anniversary of the date of receipt of the notice by the other Party, unless the notice is withdrawn by agreement of the Parties before the end of this period.

Artikel 16

The Parties shall act in accordance with the provisions of the Convention signed at The Hague on 28 April 1997 between the Kingdom of the Netherlands and the Republic of Panama for the avoidance of double taxation with respect to companies that operate ships or aircraft in international traffic.

Artikel 17

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

Artikel 18

This Agreement and the Annexes thereto shall enter into force on the first day of the second month following the date of receipt of the last written notification, through diplomatic channels, by which the Parties shall have notified each other that all necessary internal procedures for entry into force of this Agreement have been completed.

Upon entering into force, this Agreement shall supersede the Administrative Act between Aruba and the Republic of Panama, signed at Aruba on 24 September 1987.

As regards the Kingdom of the Netherlands, this Agreement shall apply to Aruba only.