rijk/verdrag/overeenkomst-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regerin/BWBV0005003/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van het Gemenebest van Australië voor de instelling van luchtdiensten	BWBV0005003	verdrag	geldend	1951-09-25	https://wetten.overheid.nl/BWBV0005003	Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van het Gemenebest van Australië voor de instelling van luchtdiensten

Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van het Gemenebest van Australië voor de instelling van luchtdiensten

Artikel I

For the purpose of this Agreement and its Annex unless the context otherwise requires:

(A) (A) The term “territory” shall have the meaning assigned to it by Article 2 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944 (hereinafter referred to as the “Convention”). (B) (B) The term “aeronautical authorities” shall mean in the case of Australia the Director-General of Civil Aviation, and in the case of the Netherlands the Director-General of Civil Aviation and in both cases any person or body authorised by the respective Contracting Parties to perform the functions currently exercised by the abovementioned authorities. (C) (C) The term “designated airline” shall mean the air transport enterprise or enterprises which the aeronautical authorities of one of the Contracting Parties have notified in writing to the aeronautical authorities of the other Contracting Party as the airline of airlines designated by the first Contracting Party in accordance with Article III of this Agreement for the route or routes specified in such notification. (D) (D) The definitions contained in paragraphs (a), (b), (c) and (d) of Article 96 of the Convention shall apply. (E) (E) The Annex to this Agreement shall be deemed to be part of the Agreement and all references to the “Agreement” shall include references to the Annex, except where otherwise expressly provided.

Artikel II

Each Contracting Party grants to the other Contracting Party the rights specified in the Annex to this Agreement for the purpose of establishing the air services therein described (hereinafter referred to as the “specified air services”). Such services may be inaugurated immediately, or at a later date at the option of the Contracting Party to whom the rights are granted.

Artikel III

(A). Subject to paragraph (B) of this Article, and to Article VI, each of the specified air services may be put into operation as soon as the Contracting Party to whom the rights have been granted has designated an airline or airlines for the operation of the specified air service. The Contracting Party granting the rights shall, subject to paragraph (B) of this Article, and to Article VI, be bound to grant without delay the appropriate operating permission to the designated airline concerned.

(B). Each of the designated airlines may be required to satisfy the aeronautical authorities of the other Contracting Party that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied by those authorities to the operations of international air services.

Artikel IV

(A). Each of the designated airlines shall have the right to use all airports, airways and other facilities provided by the Contracting Parties for use by international air services on the air routes specified in the Annex (hereinafter referred to as the “specified air routes”).

(B). In the administration of its customs, immigration, quarantine and similar regulations, each Contracting Party shall accord to the designated airline of the other Contracting Party treatment equal to that accorded to its own airlines engaged in similar international services. Moreover, the aeronautical authorities of the Contracting Parties shall, on request, consult regarding the administration of these regulations if, in the opinion of one of the Contracting Parties, such regulations impose an onerous burden on its designated airline in the operation of the air services pursuant to this Agreement.

(C). Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of the designated airline of one Contracting Party on arrival in the territory of the other Contracting Party shall be exempt from all national duties and charges including customs duties and inspection fees even though such supplies are used by such aircraft on flights in that territory. The goods so exempt shall not be unloaded except with the approval of the Customs Authorities of the other Contracting Party, and if unloaded, shall be kept under customs supervision until required for use of the aircraft of the designated airline or re-exported.

(D). Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores introduced into or taken on board aircraft of one Contracting Party in the territory of the second Contracting Party by or on behalf of the designated airline of the first Contracting Party for use in the operation of an agreed service or a specified air route shall be exempt from all national duties and charges including customs duties and inspection fees imposed in the territory of the second Contracting Party, even though such supplies are used by such aircraft on flights in that territory.

(E). This treatment shall be in addition to and without prejudice to that which each Contracting Party is under obligation to accord under Article 24 of the Convention.

Artikel V

To the extent to which they are applicable to the air services established under the present Agreement, the provisions of the Convention shall remain in force in their present form between the Contracting Parties for the duration of the Agreement, as if they were an integral part of the Agreement, unless both Contracting Parties ratify any amendment to the Convention which shall have duly come into force in which case the Convention as amended shall remain in force for the duration of the present Agreement.

Artikel VI

(A). Each Contracting Party shall have the right to refuse to accept the designation of an airline and to withhold or revoke the grant to an airline of the rights specified in the Annex to the present Agreement or to impose such conditions as it may deem necessary on the exercise by an airline of those rights 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 that Contracting Party.

(B). Each Contracting Party shall have the right to suspend the exercise by an airline of the rights specified in the Annex to the present Agreement or to impose such conditions as it may deem necessary on the exercise of those rights in any case where the airline fails to comply with the laws and regulations of the Contracting Party granting those rights or with the conditions contained in the present Agreement.

(C). Action shall not be taken in pursuance of paragraphs (A) and (B) of this Article to revoke or suspend the grant of the rights specified in the Annex to this Agreement or to impose conditions on the exercise thereof before notice in writing of such proposed action, stating the grounds therefor, is given to the other Contracting Party and consultation between the aeronautical authorities of both Contracting Parties has not led to agreement within a period of thirty days after the date upon which the said notice would, in the ordinary course of transmission, be received by the Contracting Party to whom it is addressed, provided that if the alleged failure to operate in accordance with the conditions referred to in paragraph (B) of this Article relates to Section III of the Annex to this Agreement then a period of ninety days after the said date shall be allowed for the purpose of such consultation.

(D). In the event of action by one of the Contracting Parties under paragraph (B) of this Article the rights of the other Contracting Party under Article VIII shall not be prejudiced, but notwithstanding proceedings under Article VIII the Contracting Party in whose opinion there has been a failure to comply as aforesaid may, pursuant to paragraph (B) of this Article, suspend the exercise of the rights specified in the Annex to the present Agreement or impose conditions on the exercise of those rights pending the giving of a final decision under Article VIII.

Artikel VII

(A). In a spirit of close collaboration the aeronautical authorities of the two Contracting Parties will consult on request with a view to assuring the observance of the principles and the implementation of the provisions outlined in this Agreement.

(B). For any purpose relating to operations under this Agreement, either Contracting Party may require the other Contracting Party on a basis of reciprocity to supply such information as may be reasonably required with regard to traffic (including information concerning the origin and destination of such traffic) carried by the designated airline of such other Contracting Party on the specified air services to, from and over the territory of the Contracting Party requiring such information.

(C). Each Contracting Party shall cause its designated airline or airlines to provide to the aeronautical authorities of the other Contracting Party, as long in advance as practicable, copies of time tables and all other relevant information concerning the operation of the specified air services and copies of all modifications thereof.

Artikel VIII

(A). If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.

(B).

If the Contracting Parties fail to reach a settlement by negotiation,

(1) (1) they may agree to refer the dispute for decision to an arbitral tribunal or to some other person or body appointed by agreement between them; or (2) (2) if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal, they cannot reach agreement as to its composition, either Contracting Party may submit the dispute for decision to any tribunal competent to decide it which may hereafter be established within the International Civil Aviation Organisation, or, if there is no such tribunal, to the Council of the said Organisation, or if the Council of the said Organisation decline to consider such a dispute or is not empowered to do so, to the International Court of Justice.

(C). The Contracting Parties undertake to comply with any decision given (including any interim recommendation made) under paragraph (B) of this Article.

(D). If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with a decision given under paragraph (B) of this Article, the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue of the present Agreement.

Artikel IX

This Agreement shall be registered with the International Civil Aviation Organisation set up by the Convention.

Artikel X

(A). If a general multilateral air transport agreement enters into force in relation to both Contracting Parties, the present Agreement shall be reviewed to determine whether or not it can remain in force consistent with such multilateral agreement.

(B). If either of the Contracting Parties considers it desirable to modify the terms of this Agreement, it may request consultation between the aeronautical authorities of both Contracting Parties, and such consultation shall begin within a period of sixty days from the date of the request. When these authorities agree on modifications to the Agreement, these modifications will come into effect when they have been confirmed by the Contracting Parties by an exchange of notes through the diplomatic channel.

(C).

Changes made by either Contracting Party in the intermediate stopping places on the specified air routes authorized to its designated airlines except those which

(i) (i) change the places served by the designated airline in the territory of the other Contracting Party; or (ii) (ii) result in the route being not reasonably direct

shall not be considered as modifications of this Agreement, and either Contracting Party may therefore make such changes provided that notice of any such changes shall be given without delay to the aeronautical authorities of the other Contracting Party. If the aeronautical authorities of such second Contracting Party find that the principles set forth in Section III of the Annex to this Agreement are thereby infringed and such infringement affects the interests of any of their airlines because of the carriage by the designated airline of the first Contracting Party of traffic between the territory of the second Contracting Party and the new point in the territory of a third country, the aeronautical authorities of the second Contracting Party may request consultation in accordance with the provisions of paragraph A of Article VII.

Artikel XI

It shall be open to either Contracting Party at any time to give notice to the other of its desire to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organisation. If such notice is given, this Agreement shall terminate twelve calendar 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 by the other Contracting Party specifying an earlier date of receipt, notice shall be deemed to have been received fourteen days after the receipt of the notice by the International Civil Aviation Organisation.

Artikel XII

This Agreement shall come into force on the date of signature.