rijk/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-staat-qatar-inzake-luch/BWBV0003753/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen het Koninkrijk der Nederlanden en de Staat Qatar inzake luchtdiensten tussen en via hun onderscheiden grondgebieden	BWBV0003753	verdrag	geldend	1981-06-09	https://wetten.overheid.nl/BWBV0003753	Overeenkomst tussen het Koninkrijk der Nederlanden en de Staat Qatar inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Overeenkomst tussen het Koninkrijk der Nederlanden en de Staat Qatar inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Artikel I

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

a. a. the term “Aeronautical Authorities” means, in the case of the Kingdom of the Netherlands the Minister of Transport and Public Works or any person or body authorised to perform any functions at present exercised by the said Minister; and in the case of the State of Qatar the Minister of Communications and Transport or any person or body authorised to perform any functions at present exercised by the said Minister; b. b. the term “the Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties; c. c. the term “designated airline” means an airline which has been designated and authorized in accordance with Article III of the present Agreement; d. d. the term “tariff” means the prices to be paid for carriage of passengers and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail; e. e. the terms “territory”, “airline”, “airservice”, “international air service” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 2, and 96 of the Convention. As regards the Kingdom of the Netherlands, the Agreement shall be applicable to the Kingdom in Europe only.

Artikel II

1.

Each Contracting Party grants to the other Contracting Party the following rights for the designated airlines of that other Contracting Party:

a. a. to fly without landing across the territory of the other Contracting Party; b. b. to make stops in the said territory for non-traffic purposes; and c. c. to make stops in the said territory for the purpose of taking up and putting down international traffic in passengers, cargo and mail, separately or in combination, while operating a service on a route agreed upon and specified in the Annex drawn up in application of this Agreement. Such services and routes are hereafter referred to as “agreed services” and “specified routes” respectively.

2. Nothing in paragraph 1 of this Article shall be deemed to confer on the airlines of a Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

Artikel III

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party two 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 airlines designated the appropriate operating authorizations.

3. The Aeronautical Authorities of one Contracting Party may require the airlines 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 the designated airlines of the right specified in Article II, 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 its nationals.

5. Subject to the provisions of paragraph 3 of this Article, when an airline has been so designated and authorised, 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 X of this Agreement is in force in respect of those services.

6. The designated airlines 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 IV

1.

Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article II of this Agreement by the airlines 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 or in nationals of such Contracting Party, 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.

3. In the event of action by one Contracting Party under this Article, the rights of the other Contracting Party under Article XIV shall not be prejudiced.

Artikel V

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

2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interests of the designated airlines 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 between the territories of the Contracting Parties.

4.

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 airlines 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 airlines; b. b. traffic requirements of the area through which the airlines passes after taking account of other transport services established by airlines of the States comprising the area; and c. c. the requirements of through airlines operation.

Artikel VI

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 the designated airlines of the other Contracting Party upon entrance into, departure from and while within the said territory.

2. The laws and regulations of each Contracting Party relating to the arrival in, or departure from its territory of passengers, crews, and cargo and in particular regulations regarding passports, customs, medical and quarantine formalities shall be applicable to passengers, crews, and cargo arriving in, or departing from the territory of one Contracting Party in aircraft of the airlines designated by the other Contracting Party.

3. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Artikel VII

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 or rendered valid 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 ground for the application of Article IV of this Agreement.

3. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.

4. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of Article IV of this Agreement (revocation or suspension of operating authorizations).

5. Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the territory of another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft, to check both the validity of the aircraft documents and those of its crew and the apparent conditions of the aircraft and its equipment (in this Article called ramp inspections), provided this does not lead to unreasonable delay.

6.

If any such ramp inspection or series of ramp inspections gives rise to:

a) a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or b) b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or license in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.

7. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 5 above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 6 above arise and draw the conclusions referred to in that paragraph.

8. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airlines operation.

9. Any action by one Contracting Party in accordance with paragraphs 4 or 8 above shall be discontinued once the basis for the taking of that action ceases to exist.

Artikel VIII

1. 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 a national airline engaged in similar international air services.

2. Neither of the Contracting Parties shall give a preference to its own or any other airline over the designated airlines 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 IX

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 tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other similar 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 the designated airlines 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 X

1. The tariffs to be charged by the designated airlines of one Contracting Party for transport 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 cost of operation, reasonable profit, characteristics of service, and the tariffs of other airlines.

2. The tariffs referred to in paragraph 1 of this Article shall if possible, be agreed between the designated airlines concerned of both Contracting Parties, in consultation with other airlines operating over all 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.

3. The tariffs so agreed shall be submitted for the approval of the Aeronautical Authorities of the Contracting Parties at least thirty days before the proposed date of their introduction; in special cases, this time limit may be reduced, subject to the agreement of the said authorities.

4. If the designated airlines concerned cannot agree on any of these tariffs, or if for some other reason a tariff cannot be fixed in accordance with the provisions of paragraph 2 of this Article, or if during the first fifteen days of the thirty days period referred to in paragraph 3 of this Article one Contracting Party gives the other Contracting Party notice of its dissatisfaction with any tariff agreed in accordance with the provisions of paragraph 2 of this Article, the Aeronautical Authorities of the Contracting Parties shall try to determine the tariff by agreement between themselves.

5. If the Aeronautical Authorities cannot agree on the approval of any tariff submitted to them under paragraph 3 of this Article and on the determination of any tariff under paragraph 4, the dispute shall be settled in accordance with the provisions of Article XIV of this Agreement.

6. No tariff shall come into force if the Aeronautical Authorities of either Contracting Party have not approved it.

7. The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.

Artikel XI

Each Contracting Party grants to the airlines of the other Contracting Party the right of free transfer in convertible currency of the excess of receipts over expenditure, obtained by each in the normal course of its business.

Such transfers shall be granted regularly and currently and shall be based on prevailing foreign exchange market rates applicable to current payments. No charges, other than normal bank charges, shall be applicable to such transfers.

Artikel XII

1. Income or profits derived from the operation of an aircraft in international traffic by either designated airline, which is resident for purposes of income taxation in the territory of one Contracting Party, shall be exempt from any income tax and all other taxes on profits imposed by the Government of the other Contracting Party.

2. Aircraft operated on international air services by the designated airlines of either Contracting Party, as well as property pertaining to the operation of such aircraft shall not be taxable in the territory of the other Contracting Party.

Artikel XIII

1. 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 and the Annex thereto.

2. Either Contracting Party may request consultations in writing which shall begin within a period of sixty days of the date of receipt of the request unless both Contracting Parties agree to an extension of this period.

Artikel XIV

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.

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 of the Contracting Parties shall nominate an arbitrator within a period of sixty 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 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.

Artikel XV

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 days from the date of the request.

2. Any modifications of this Agreement decided upon during the consultation referred to in paragraph 1 above shall be agreed upon in writing between the Contracting Parties and shall take effect provisionally on the date of such agreement pending each Contracting Party informing the other in writing that the formalities constitutionally required in their respective countries have been complied with.

3. Any modifications 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 and shall take immediate effect.

Artikel XVI

This Agreement and any modification thereof, shall be registered with the International Civil Aviation Organization.

Artikel XVII

This Agreement shall be provisionally applicable from the date of its signature and shall come into force on the date of the last notification by either Contracting Party to the other that it has complied with its national constitutional requirements.

Artikel XVIII

1. Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement.

2.

The notice mentioned in paragraph 1 shall be simultaneously communicated to the International Civil Aviation Organization, and shall become effective twelve months after the date of receipt of the notice by the other Contracting Party, unless such notice 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 days after the receipt of the notice by the International Civil Aviation Organization.