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---
titel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering
van de Republiek Zimbabwe inzake luchtdiensten tussen en via hun onderscheiden grondgebieden
bwb_id: BWBV0002736
type: verdrag
status: geldend
datum_inwerkingtreding: '1999-02-18'
bron: https://wetten.overheid.nl/BWBV0002736
citeertitel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en
de Regering van de Republiek Zimbabwe inzake luchtdiensten tussen en via hun onderscheiden
grondgebieden
---
# Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Zimbabwe inzake luchtdiensten tussen en via hun onderscheiden grondgebieden
### Artikel I
For the purpose of this Agreement:
1. 1.
The term "aeronautical authorities" means, in the case of Zimbabwe the Secretary for Transport and in the case of the Kingdom of the Netherlands, the Minister of Transport or, in both cases, any other authority or body empowered to perform the functions now exercised by the said authorities;
2. 2.
The term "agreed services" means scheduled air services for the transport of passengers, baggage, cargo and mail on the routes specified in the Annex to this Agreement;
3. 3.
The term "designated airline" means an airline designated in accordance with Article IV of this Agreement;
4. 4.
The term "air service" means any scheduled air service performed by aircraft for the public transport of passengers, baggage, mail or cargo;
5. 5.
The term "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo, and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail;
6. 6.
The term "the Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944;
7. 7.
The term "capacity" means:
(i)
in relation to an aircraft, the payload of that aircraft available on a route or section of a route;
(ii)
in relation to an agreed service, the capacity of the aircraft used on such a service multiplied by the frequency operated by such aircraft over a given period on the route or section of a route;
(i) (i)
in relation to an aircraft, the payload of that aircraft available on a route or section of a route;
(ii) (ii)
in relation to an agreed service, the capacity of the aircraft used on such a service multiplied by the frequency operated by such aircraft over a given period on the route or section of a route;
8. 8.
The term "territory" in relation to a state has the meaning assigned to it in Article 2 of the Convention; and
9. 9.
The term "this Agreement" includes the Annex drawn up in application hereof and any amendments to it or to the Agreement.
### Artikel II
The provisions of the Convention insofar as those provisions are applicable to international air services shall apply to the air services established under this Agreement.
### Artikel III
**1.**
Each Contracting Party grants to the other Contracting Party the following rights in respect of its scheduled international air services:
(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.
**2.** Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the appropriate section of the Annex to this Agreement. Such services and routes are hereafter called "the agreed services" and "the specified routes" respectively.
**3.** While operating an agreed service on a specified route the airline(s) designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph (1) of this Article, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Annex to this Agreement for the purpose of taking on board and discharging passengers and cargo including mail.
**4.** Nothing in this Article shall be deemed to confer on the designated airline(s) of one Contracting Party the privilege of talking on board, in the territory of the other Contracting Party, passengers and cargo including mail destined for another point in the territory of that Contracting Party.
### Artikel IV
**1.** Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes.
**2.** On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant to the airline or airlines designated the appropriate operating authorizations.
**3.** The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.
**4.** Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph 2 of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article III, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline, in its nationals or in both.
**5.** Subject to the provisions of paragraph 3 of this Article, when an airline has been so designated and authorized, it may begin at any time to operate the agreed services for which it has been designated, provided that a tariff established in accordance with the provisions of Article XI of this Agreement is in force in respect of those services.
**6.** The designated airline(s) shall submit to the aeronautical authorities of the other Contracting Party at least 30 days prior to the commencement of the operation of an agreed service the frequency, schedule and type of aircraft. The same applies to subsequent modifications.
### Artikel V
**1.**
Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article III of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:
a. a.
in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline, in nationals of such Contracting Party or in both; or
b. b.
in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights; or
c. c.
in case the airline otherwise fails to operate in accordance with the provisions of this Agreement.
**2.** The right to revoke, suspend or impose conditions shall be exercised after consultation with the other Contracting Party unless immediate revocation, suspension or imposition of conditions is essential to prevent further infringements of laws and regulations or further failure to operate in accordance with the provisions of this Agreement.
### Artikel VI
**1.** Both Contracting Parties shall ensure that conditions of fair and equal opportunity prevail in respect of air transport performed by their designated airlines under this Agreement.
**2.** In operating the agreed services, the designated airline(s) of each Contracting Party shall take into account the interests of the designated airline(s) of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.
**3.** The air services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirement of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail to be taken up or discharged in the territory of the Party which has designated the airline.
**4.** The capacity to be provided, the frequency of services to be operated and the nature of air service that is transiting through or terminating in the territory of a Contracting Party shall be agreed between the aeronautical authorities of the two Contracting Parties at least sixty (60) days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) before the intended date for the beginning of such services.
**5.** Any increase in the capacity to be provided or frequency of services to be operated by the designated airline of either Contracting Party shall be agreed between the aeronautical authorities on the basis of the estimated requirements of traffic between the territories of the two Contracting Parties and any other traffic to be jointly agreed and determined. Pending such agreement or settlement the capacity and frequency entitlements already in force shall prevail.
**6.**
Provision for the carriage of passengers, cargo and mail both taken up and discharged at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
a. a.
traffic requirements to and from the territory of the Contracting Party which has designated the airline;
b. b.
traffic requirements of the area through which the airline passes after taking account of other transport services established by airlines of the States comprising the area; and
c. c.
the requirements of through airline operation.
### Artikel VII
**1.** The laws, regulations and procedures of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by a designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.
**2.** The laws and regulations of a Contracting Party respecting entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of crews, passengers, cargo and mail upon entrance into, departure from and while within the territory of such a Contracting Party.
**3.** Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
### Artikel VIII
**1.** Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the air services on the specified routes provided that such certificates or licences were issued or rendered valid pursuant to and in conformity with the standards established under the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to any of its nationals by the other Contracting Party.
**2.** If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or aircraft, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations with the aeronautical authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement in these matters regarding flight safety will constitute grounds for the application of Article V of this Agreement.
### Artikel IX
The charges imposed in the territory of either Contracting Party for the use of airports and other aviation facilities on the aircraft of a designated airline of the other Contracting Party shall not be higher than those imposed on aircraft of other airlines engaged in similar international air services.
### Artikel X
**1.** Aircraft operated on international air services by the designated airlines of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants, and aircraft stores (including food, beverages and tabacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other simular charges on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.
**2.** Supplies of fuel, lubricants, spare parts, regular equipment and aircraft stores introduced into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use in the operation of international services shall be exempted from all duties and charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party, even when these supplies are to be used on the parts of the journey performed over the territory of the Contracting Party in which they are taken on board. The materials referred to above may be required to be kept under customs supervision or control.
**3.** The regular airborne equipment, spare parts, aircraft stores and supplies of fuel and lubricants retained on board the aircraft of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that Party, who may require that those materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
### Artikel XI
**1.** The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their territories shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operations, the interests of users, reasonable profit, and the tariffs of other airlines.
**2.** The tariffs referred to in paragraph (1) of this Article shall, if possible, be agreed by the designated airlines of both Contracting Parties after consultation with the other airlines operating over the whole or part of the route, and such agreement shall where possible be reached through the procedures of the International Air Transport Association for establishing tariffs. However, a designated airline shall not be precluded from filing any proposed tariff, nor the aeronautical authorities from approving it, if that airline has failed to obtain the agreement of the other designated airline.
**3.** No tariff shall be approved for carriage between the territories of the Contracting Parties unless it has been filed, by the designated airline seeking that approval, with the aeronautical authorities of both Contracting Parties in such form as the aeronautical authorities of each Contracting Party may require, not less than sixty (60) days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) prior to the proposed effective date. A tariff shall be treated as having been filed with the Contracting Party on the date on which it is received by the aeronautical authorities of that Contracting Party.
**4.** Any tariff filed in accordance with paragraph (3) of this Article may be approved by the aeronautical authorites of either Contracting Party at any time and shall be treated as having been approved by the aeronautical authorities of a Contracting Party unless, not more than thirty (30) days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) after the date of filing, the aeronautical authorities of that Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of dissatisfaction with the proposed tariff. The Contracting Party expressing dissatisfaction shall also notify the airline filing the proposed tariff of the action which has been taken.
**5.** If, during the period applicable in accordance with paragraph (4) of this Article, the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of its dissatisfaction with any tariff submitted for approval in accordance with the provisions of paragraph (3) of this Article, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement and use their best efforts to put such agreement into effect. Either Contracting Party may, within thirty (30) days of the service of a notice of dissatisfaction, request consultation and if so requested, consultation shall be held within thirty (30) days of that request.
**6.** If a tariff filed under paragraph (3) of this Article has been disapproved by one of the aeronautical authorities under paragraph (4) of this Article and the aeronautical authorities have been unable to determine the tariff by agreement under paragraph (5) of this Article, the dispute shall be settled in accordance with the provisions of Article XVII of this Agreement.
**7.** A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established.
**8.** The aeronautical authorities of one Contracting Party may, if the aeronautical authorities of the other Contracting Party so agree, serve on a designated notice of withdrawal of approval of a tariff, and that tariff shall cease to be applied by the airline 120 days after service of notice or, if a tariff to replace that tariff has been approved by the aeronautical authorities of both Contracting Parties, on the date, if earlier, which those authorities agree as the effective date of the new tariff.
**9.** The aeronautical authorities of both Contracting Parties shall ensure that the designated airlines conform to the tariffs approved by the aeronautical authorities of the Contracting Parties and that no airline reduces any portion of such tariffs by any means, directly or indirectly.
### Artikel XII
The aeronautical authorities of each Contracting Party shall cause its designated airline(s) to provide the aeronautical authorities of the other Contracting Party upon their request with such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airline(s) of the Contracting Party referred to first in this Article. Such statements shall include all information required to determine the amount of traffic carried by such airline in each direction on the agreed services.
### Artikel XIII
Each Contracting Party grants to the designated airline(s) of the other Contracting Party the right to convert and remit to its country on demand local revenues in excess of sums locally disbursed in freely convertible currency. Conversion and remittance shall be permitted without restriction at the rate of exchange applicable to current transactions.
### Artikel XIV
The designated airline(s) of one Contracting Party shall be entitled, on the basis of reciprocity and in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring in and maintain in the territory of the other Contracting Party those of its own managerial, technical, operational and other specialist staff who are required for the provision of its air services.
### Artikel XV
Nothing in this Agreement can be interpreted as to allow the operation of non-scheduled and charter flights to and/or from the territory of a Contracting Party.
Such flights are subject to the prior approval of the aeronautical authorities of that Contracting Party.
### Artikel XVI
In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement.
### Artikel XVII
**1.** If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiation.
**2.** If the Contracting Parties fail to reach a settlement by direct negotiation, they may agree to refer the dispute for decision to some person or body; if they do not so agree, the dispute shall at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third, who shall act as President of the tribunal, to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal; the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may at the request of either Contracting Party appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal.
**3.** The Contracting Parties shall comply with any decision given under paragraph 2 of this Article.
**4.** The expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
**5.** If and for so long as either Contracting Party fails to comply with a decision given under paragraph 2 of this Article the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted, by virtue of this Agreement, to the Contracting Party in default.
### Artikel XVIII
**1.** If either of the Contracting Parties considers it desirable to modify any provision of this Agreement or the Annex thereto, it may request consultation with the other Contracting Party; such consultation, which may be between the aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request.
**2.** Any modification of this Agreement decided upon during the consultation referred to in paragraph 1 above shall be agreed upon by an exchange of diplomatic notes between the Contracting Parties and shall take effect on the date on which both Contracting Parties have informed each other in writing that the formalities constitutionally required in their respective countries have been complied with.
**3.** Any modification of the Annex to this Agreement decided upon during the consultation referred to in paragraph 1 above, shall be agreed upon in writing between the aeronautical authorities of both Contracting Parties and shall take effect on a date to be determined by agreement between the said authorities.
### Artikel XIX
This Agreement shall be amended so as to conform to any multilateral agreement which may become binding on both Contracting Parties.
### Artikel XX
This Agreement and any subsequent amendments thereto, shall be registered with the International Civil Aviation Organization.
### Artikel XXI
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneaously communicated to the International Civil Aviation Organization, and shall become effective twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless such notice is withdrawn by mutual agreement before the expiration of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
### Artikel XXII
**1.** This Agreement shall be provisionally applicable from the date of its signature and shall come into force on the day on which the Contracting Parties have informed each other in writing that the formalities constitutionally required in their respective countries have been complied with.
**2.** As far as the Kingdom of the Netherlands is concerned this Agreement shall only apply to the territory of the Kingdom in Europe.
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