rijk/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-republiek-zambia-inzake/BWBV0002605

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Zambia inzake luchtdiensten tussen en via hun onderscheiden grondgebieden	BWBV0002605	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0002605	Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Zambia inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Zambia inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Artikel 1

1.

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

1.1. 1.1. the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any Annex and amendment adopted under Articles 90 and 94 thereof so far as those Annexes and amendments have become effective for, or been ratified by, both Contracting Parties; 1.2. 1.2. the term "aeronautical authorities" means, in the case of the Government of the Republic of Zambia the Minister of Power, Transport and Communications or any person or body authorized to perform any functions to which this Agreement relates; and in the case of the Government of the Kingdom of the Netherlands the Minister of Transport and Public Works or any person or body authorized to perform any functions to which this Agreement relates; 1.3. 1.3. the term "designated airline" means an airline which one Contracting Party shall have designated, by written notification to the other Contracting Party in accordance with Article 4 of the present Agreement, for the purpose of operating the agreed services on the specified routes; 1.4. 1.4. the term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention; 1.5. 1.5. the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention; and 1.6. 1.6. the term "tariffs" means the prices to be paid for the carriage of passengers and cargo and the conditions under which those prices apply, including prices, commissions and conditions of agency and other auxiliary services, but excluding remuneration and conditions of the carriage of mail.

Artikel 2

The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to scheduled international air services.

Artikel 3

3.1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing air services on the routes specified in the Annex drawn up in application of this Agreement (hereinafter called "the agreed services" and "the specified routes" respectively).

3.2.

Subject to the provisions of the present Agreement, the airlines designated by each Contracting Party shall enjoy the following rights:

3.2.1. 3.2.1. the right to fly without landing across the territory of the other Contracting Party; 3.2.2. 3.2.2. the right to make stops in the said territory for non traffic purposes; and 3.2.3. 3.2.3. the right to make stops in the said territory while operating an agreed service on a specified route for the purpose of putting down and taking on international traffic in passengers, cargo and mail.

3.3. Nothing in paragraph 3.2 of this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers and cargo, including mail, carried for hire or reward, destined for another point in the territory of the other Contracting Party.

Artikel 4

4.1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes.

4.2. On receipt of such designation, the aeronautical authorities of the other Contracting Party shall, without delay, and subject to the provisions of paragraph 4.3 and 4.4 of this Article, grant to the airline designated in accordance with paragraph 4.1 of this Article the appropriate operating authorization.

4.3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international scheduled air services by such authorities in conformity with the provisions of the Convention.

4.4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 4.2 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 3 of this Agreement, 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 or in nationals of such Contracting Party or in both.

4.5. When an airline has been so designated and authorized, it may begin to operate the agreed services provided that tariffs established in accordance with the provisions of Article 7 of this Agreement are in force in respect of those services.

Artikel 5

5.1.

Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights granted under 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:

5.1.1. 5.1.1. 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 such Contracting Party or in both; or 5.1.2. 5.1.2. in the case of failure by that airline to comply with the laws or regulations in force in the territory of the Contracting Party granting these rights; or 5.1.3. 5.1.3. in the case of that airline otherwise failing to operate in accordance with the conditions prescribed under this Agreement.

5.2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 5.1 of this Article is essential to prevent further infringements of the laws or regulations, such rights shall be exercised only after consultation between the Contracting Parties.

Artikel 6

6.1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.

6.2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline 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.

6.3.

The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements 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 for the current and reasonably anticipated requirements for the carriage of passengers and cargo including mail to and from the territory of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo including mail both taken on board 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:

6.3.1. 6.3.1. traffic requirements to and from the territory of the Contracting Party which has designated the airline; 6.3.2. 6.3.2. 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 6.3.3. 6.3.3. the requirements of through airline operation.

6.4. In order to meet an unexpected transport requirement of a temporary nature, the designated airlines, deviating from the provisions of this Article, may agree on a temporary increase of capacity to the extent necessary to meet the said transport requirement, subject to the approval of the aeronautical authorities.

Artikel 7

7.1. Tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including costs of operation, reasonable profit, and the tariffs to other airlines.

7.2. Tariffs referred to in paragraph 7.1 of this Article shall, if possible, be agreed by the designated airlines of both Contracting Parties, after consultation with other airlines operating over the whole or part of the routes, and such agreement shall, wherever possible, be reached by the use of the relevant procedures of the International Air Transport Association.

7.3. Tariffs shall be submitted for approval to the aeronautical authorities of both Contracting Parties at least seventy-five (75) days before the proposed date of their introduction. In special cases, this period may be reduced subject to the agreement of the said authorities.

7.4. Approval of tariffs shall be given expressly; however, if neither of the aeronautical authorities has expressed disapproval within forty-five (45) days from the date of submission, in accordance with paragraph 7.3 of this Article the tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 7.3, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.

7.5. If tariffs cannot be agreed in accordance with paragraph 7.2 of this Article, or if, during the period applicable in accordance with paragraph 7.4 of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of tariffs submitted in accordance with the provisions of paragraph 7.3 of this Article, the aeronautical authorities of the two Contracting Parties shall, upon request of either of the aeronautical authorities and after consultation with the aeronautical authorities of any other State whose advice they consider useful, endeavour to determine tariffs by mutual agreement.

7.6. If the aeronautical authorities cannot agree on tariffs submitted to them under paragraph 7.3 of this Article, or on the determination of tariffs under paragraph 7.5 of this Article, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.

7.7. Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established. Nevertheless, tariffs shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which they would otherwise have expired.

Artikel 8

8.1.

In operating any agreed service on any specified route the designated airline of one Contracting Party may substitute one aircraft for another at a point in the territory of the other Contracting Party on the following conditions only:

8.1.1. 8.1.1. that it is justified by reason of economy of operation; 8.1.2. 8.1.2. that the aircraft used on the section of the route more distant from the point of origin in the territory of the first Contracting Party is not larger in capacity than that used on the nearer section; 8.1.3. 8.1.3. that the aircraft used on the more distant section shall operate only in connection with and as an extension of the service provided by the aircraft used on the nearer section and shall be scheduled so to do; the former shall arrive at the point of change for the purpose of carrying traffic transferred from, or to be transferred into, the aircraft used on the nearer section, and its capacity shall be determined with primary reference to this purpose; 8.1.4. 8.1.4. that there is an adequate volume of through traffic; 8.1.5. 8.1.5. that the airline shall not hold itself out to the public by advertisement or otherwise as providing a service which originates at the point where the change of aircraft is made; 8.1.6. 8.1.6. that the provisions of Article 6 of this Agreement shall govern all arrangements made with regard to the change of aircraft; and 8.1.7. 8.1.7. that in connection with any one aircraft flight into the territory in which the change of aircraft is made only one flight may be made out of that territory.

Artikel 9

9.1. Aircraft operated on international services by the designated airlines of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other charges or taxes 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.

9.2. Supplies of fuels, lubricants, spare parts, regular equipment and aircraft stores (the latter within the limits fixed by customs authorities of one Contracting Party) introduced into the territory of the said 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 exempt from all national 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. In deviation of the above, charges for services performed shall not be exempt from the duties, fees and charges referred to in this paragraph.

9.3. The regular airborne equipment, spare parts, aircraft stores and supplies of fuels 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 these 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 10

10.1. The laws, regulations and procedures of either Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft, shall be complied with by the designated airline of the other Contracting Party upon entrance into, and until and including departure from, the said territory.

10.2. The laws, regulations and procedures of either Contracting Party relating to immigration, passports or other approved travel documents, entry, clearance, customs and quarantine shall be complied with by or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline of the other Contracting Party upon entrance into, and until and including departure from, the territory of the said Contracting Party.

10.3. Passengers, baggage, cargo and mail 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. Cargo, baggage and mail in direct transit shall be exempt from customs duties and other similar taxes.

10.4. Fees and charges applied in the territory of either Contracting Party to the airline operations of the other Contracting Party for the use of airports and other aviation facilities shall not be higher than those applied to the operations of other airlines, including its own designated airline, engaged in similar international air service.

10.5. Neither of the Contracting Parties shall give preference to its own designated airline or any other airline over the designated airline of the other Contracting Party in the application of its customs, immigration, quarantine, and similar regulations; or in the use of airports, airways and air traffic services and associated facilities under its control.

Artikel 11

Certificates of airworthiness, certificates of competency and licences issued, or validated, by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licences were issued, or validated, in conformity with the standards established under the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted to or rendered valid for its own nationals by the other Contracting Party.

Artikel 12

The aeronautical authorities of one Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be necessary for the purpose of reviewing the capacity provided on the agreed services by the designated airline of the Contracting Party referred to first in this Article.

Artikel 13

Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer, in convertible currency, of the excess of receipts over expenditure earned by that designated airline in the territory of the first Contracting Party. Such transfers shall be effected regularly on the basis of the official exchange rates for current payments, or where there are no official exchange rates, at the prevailing foreign exchange market rates for current payments.

Artikel 14

The designated airline of each Contracting Party shall be entitled, subject to the laws and regulations relating to entry and residence of the other Contracting Party, to introduce and maintain on the territory of such other Contracting Party its own representatives together with such technical and commercial staff as may reasonably be required for the provision of the agreed air services.

Artikel 15

In a spirit of close co-operation the aeronautical authorities of the Contracting Parties shall, upon request of either Party, consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and any Schedules hereto.

Artikel 16

16.1. If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, or its Annex, it may request consultation with the other Contracting Party; such consultations, which may be between the respective aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty days from the date of the request.

16.2. Any modification of this Agreement decided upon during the consultations referred to in paragraph 16.1 of this Article shall be agreed upon in writing between the Contracting Parties and shall take effect on the date on which the Contracting Parties have informed each other in an exchange of diplomatic notes that the formalities constitutionally required therefor in their respective countries have been complied with.

16.3. The respective aeronautical authorities are entitled to agree in writing upon any modifications of the Annex to the present Agreement decided by them during the consultations referred to in paragraph 16.1 of this Article. Such modifications shall take effect on a date to be determined by agreement between the said authorities.

16.4. If a multilateral agreement concerning air transport comes into force in respect of both Contracting Parties, this Agreement shall be amended so as to conform with that Agreement.

Artikel 17

17.1. 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 negotiation.

17.2. If the Contracting Parties fail to reach a settlement by 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 Contracting Party shall nominate an arbitrator within a period of sixty (60) days from the date of receipt from the other Party of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal and the third arbitrator shall be appointed within a further 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 be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a State other than those of the Parties to this Agreement and shall act as President of the arbitral tribunal.

17.3. The Contracting Parties shall comply with any decision given under paragraph 17.2 of this Article.

17.4. The expenses of the Tribunal shall be shared equally between the Contracting Parties.

17.5. If and for so long as either Contracting Party fails to comply with a decision given under paragraph 17.2 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 18

Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case this Agreement shall terminate twelve (12) months after the date when the notice has been received 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 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 19

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

Artikel 20

20.1. The provisions of the present Agreement shall be applied provisionally from the date of its signature.

20.2. The present Agreement shall enter into force on the date on which the Contracting Parties have informed each other in an exchange of diplomatic notes that the formalities constitutionally required therefor in the respective countries have been complied with.

20.3. As regards the Kingdom of the Netherlands the present Agreement shall be applicable to the Kingdom in Europe only.