rijk/verdrag/verdrag-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regering-van/BWBV0006332/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Kazachstan inzake luchtdiensten	BWBV0006332	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0006332	Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Kazachstan inzake luchtdiensten

Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Kazachstan inzake luchtdiensten

Artikel 1

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

a) a) “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago, on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annex or Convention under Articles 90 and 94 thereof insofar as these have entered into force for both Contracting Parties; b) b) “aeronautical authorities” means, from the Kazakhstan side the Ministry of Transport and Communications and, from the Netherlands side the Ministry of Transport, Public Works and Watermanagement, or any other person or authority legally empowered to perform the functions exercised now by the said authorities; c) c) “designated airline” means an airline designated and authorized in accordance with Article 3 of the present Agreement; d) d) “tariffs” means the prices to be paid, directly or through their agents, for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including commission charges and other additional remuneration for agency or sale of transportation documents but excluding remuneration and conditions for the carriage of mail; e) e) “Agreement” means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex; f) f) “charges” means charges to be imposed on the designated airlines for the use of airports, air navigation facilities and aviation security, and other services; g) g) “territory” means territory of a state in accordance with the definition given in Article 2 of the Convention; h) h) “stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, cargo or mail; i) i) “capacity” in relation to an aircraft means the payload of that aircraft on a route or section of the route; j) j) “aircraft equipment” means items, with the exception of stores and spare parts, intended for a use on the board of aircraft during the flight, in that number the facilities of first aid and rescue equipment.

Artikel 2

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 territory of its State without landing; b) b) the right to make stops in the territory of its State for non-traffic purposes; c) c) the right to embark and disembark in the said territory at the points specified in the Annex of the present Agreement passengers, baggage, cargo and mail destined for or coming from points in the territory of the State of the other Contracting Party; d) d) the right to embark and disembark in the territory of the third countries at the points specified in the Annex of the present Agreement passengers, baggage, cargo and mail destined for or coming from points in the territory of the State of the other Contracting Party, specified in the Annex to the present Agreement.

Such services and routes, specified in the Annex to this Agreement, are hereafter called “the agreed services” and “the specified routes” respectively.

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

Artikel 3

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 aeronautical authorities of the other Contracting Party shall subject to the provisions of paragraphs 4 and 5 of this Article, without delay grant to the designated airline(s) the appropriate operating authorizations.

3. Each Contracting Party shall have the right, by written notification to the other Contracting Party, to withdraw the designation of any such airline(s) and to designate another airline or other airlines.

4. The airline(s) designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfill the conditions prescribed by the legislation and regulations normally and reasonably applied by this Contracting Party to the operation of international air services in conformity with the provisions of the Convention.

5. 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 airline(s) of the rights specified in Article 2 of the present Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline or those airlines are vested in the Contracting Party designating the airline(s) or in its nationals.

6. The airline(s) so designated and authorized, may at any time begin to operate the agreed services, provided that a tariff, established in accordance with the provisions of Article 12 of the present Agreement, is in force.

Artikel 4

1.

Each Contracting Party shall have the right to suspend the exercise of the rights specified in Article 2 of the present Agreement by the airline(s) designated by the other Contracting Party, or to revoke the operating authorization, 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 said airline(s) are vested in the Contracting Party designating the airline(s) or in its nationals, or b) b) in the case of failure by said airline(s) to comply with the legislation or regulations of the State of the Contracting Party granting these rights, or c) c) in the case the airline(s) otherwise fail(s) to operate in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate suspension, revocation or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of legislation or regulations, such right shall be exercised only after consultations with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.

Artikel 5

1. The legislation, regulations and procedures of the State of one Contracting Party governing entry into, sojourn in, and departure from the territory of its State of aircraft engaged in international air navigation shall apply to the designated airline(s) of the other Contracting Party.

2. The legislation, regulations and procedures of the State of one Contracting Party governing entry into, sojourn in, and departure from the territory of its State of passengers, crew, baggage, cargo or mail, such as formalities regarding entry, exit, emigration and immigration, as well as customs and sanitary procedures, shall apply to passengers, crew, baggage, cargo or mail carried by the aircraft of the designated airline(s) of the other Contracting Party while they are within the said territory.

3. Neither Contracting Party may grant any preference to its own airline(s) with regard to the designated airline(s) of the other Contracting Party in the application of the legislation and regulations provided for in this Article.

Artikel 6

The capacity to be operated on the agreed services shall be subject to the following conditions:

1. 1. There shall be fair and equal opportunity for the designated airline(s) of both Contracting Parties to operate the agreed services on the specified routes.
2. 2. Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the airline(s) of the other Contracting Party.

Artikel 7

1. Certificates of airworthiness, certificates of competency and licenses 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 agreed services.

2. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above the territory of its State, certificates of competency and licenses granted to its own nationals or rendered valid by another State.

Artikel 8

1. Aircraft operated on international services by the airline(s) designated by each Contracting Party, as well as their regular equipment, supplies of fuel and lubricants and the aircraft stores (being articles of a readily consumable nature including commissary supplies, food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the State 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.

There shall also be exempt from the same duties and taxes and other fees, except the fees for provided services:

a) a) aircraft stores taken on board in the territory of the State of either Contracting Party, within limits fixed by the national legislation of said Contracting Party, and for use on board the aircraft engaged on a specified route of the other Contracting Party; b) b) spare parts entered into the territory of the State of either Contracting Party for the maintenance or repair of aircraft used on a specified route by the designated airline(s) of the other Contracting Party; c) c) fuel and lubricants destined to supply aircraft operated on a specified route by the designated airline(s) of the other Contracting Party, even if these supplies are to be used on the part of the journey performed over the territory of the State of the Contracting Party in which they are taken on board; d) d) the necessary documents used by the designated airline(s) of one Contracting Party including transportation documents, airway bills and advertising material, as well as motor vehicles, material and equipment which may be used by the designated airline(s) for commercial and operational purposes within the airport area provided such material and equipment serve the transport of passengers and freight.

Materials referred to in sub-paragraphs a), b), c) and d) of the paragraph 2 of this Article may be required to be kept under customs supervision or control.

3. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of either Contracting Party may be unloaded in the territory of the State of the other Contracting Party only with the approval of the customs authorities of that Contracting Party. In each case, they may be placed under the supervision of said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Artikel 9

1. Passengers, baggage, cargo and mail in direct transit across the territory of the State 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, air piracy and smuggling of narcotic drugs, be subject to no more than a simplified control.

2. Baggage, cargo and mail in direct transit shall be exempt from customs duties and taxes levied in import.

Artikel 10

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm their obligation to each other to protect the security of civil aviation against acts of unlawful interference. Without limiting the generality of their rights and obligations under international law the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 as well as with any other Aviation Security Conventions to which the two Contracting Parties may adhere.

2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3. The Contracting 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 on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in the territory of their State and the operators of airport in the territory of their State act in conformity with such aviation security provisions.

4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within the territory of the State of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within the territory of its State to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5. When an incident or a threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

6. Should a Contracting Party depart from the aviation security provisions of this Article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Contracting Party.

Artikel 11

1. 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.

2. 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 one Contracting Party shall notify in written form 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 fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 4 of this Agreement.

3. 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 the State of the other Contracting Party may, while within the territory of the State of the other Contracting Party, be subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both on the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.

4.

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 Convention, be free to conclude that the requirements under which the certificate or licenses 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.

5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline(s) of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that/those airline(s), the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph.

6. Each Contracting Party reserves the right to suspend or vary the operating authorisation of the airline(s) of the other Contracting Party immediately in the event the first Contracting Party concludes, as a result of a ramp inspection, a series of ramp inspections, a denial of access for a ramp inspection, consultation or otherwise, that immediate action is essential to the safety of the airline(s) operation.

7. Any action by Contracting Parties in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.

Artikel 12

1. The tariffs for the carriage to or from the territory of the State of either of the Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, interests of consumers and characteristics of service.

2. The tariffs referred to in paragraph 1 of this Article shall be agreed upon by the designated airline(s) concerned of both Contracting Parties.

3. Agreements according to paragraph 2 above may, if possible, be reached through the rate-fixing machinery of the International Air Transport Association.

4. The tariffs so agreed upon shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least thirty (30) days before the proposed date of their introduction; in special cases this time limit may be reduced, subject to the consent of the said authorities.

5. If the designated airlines concerned cannot agree on any of these tariffs, or if for some other reasons a tariff cannot be fixed in accordance with paragraph 2 of this Article, or if during the first fifteen (15) days of the thirty (30) days period referred to in paragraph 4 of this Article, the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of their dissatisfaction with any tariff agreed upon in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall endeavor to agree upon the tariffs.

6. If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph 4 above or on the determination of any tariff under paragraph 5, a dispute will be settled in accordance with the provisions of Article 18 of the present Agreement.

7. No tariff shall come into force unless the aeronautical authorities of either Contracting Party have approved of it.

8. 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, but not longer than twelve (12) months from the day of disapproval by the aeronautical authorities of one of the Contracting Parties.

9. The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure the designated airlines to conform the agreed tariffs filed with the aeronautical authorities of the Contracting Parties, and that no airline illegally rebates any portion of such tariffs by any means, directly or indirectly.

Artikel 13

1. Each Contracting Party grants to the designated airline(s) of the other Contracting Party the right to engage in the sale of air transportation (including the issuance of tickets and airway bills. in the territory of its State directly and, at the discretion of the airline(s), through agents. Each airline shall have the right to sell such transportation and any person shall be free to purchase such transportation in the currency of that territory or in freely convertible currencies of other countries.

2. Each Contracting Party grants to the designated airline(s) of the other Contracting Party the right of free transfer of the excess of receipts over expenditure, earned on the territory of its State in connection with the carriage of passengers, baggage, cargo and mail by the designated airline(s) of the other Contracting Party, in a freely convertible currency at the official rate of exchange on the day the transfer is made. Transfers shall be effected immediately, at the latest within sixty (60) days after the date of request.

3. Where a special payment agreement exists between the Contracting Parties, payments shall be effected in accordance with the provisions of that agreement.

Artikel 14

1. The designated airline(s) of each Contracting Party shall have an equal opportunity to employ, subject to the legislation and regulations of the State of the other Contracting Party, the managerial, commercial, operational and technical personnel for the performance of the agreed services on the specified routes and to establish and operate offices in the territory of the State of the other Contracting Party.

2. The designated airline(s) of each Contracting Party shall further have an equal opportunity to issue all kinds of documents of carriage and to advertise and promote sales in the territory of the other Contracting Party.

Artikel 15

Each Contracting Party shall use its best efforts to ensure that user charges imposed or permitted to be imposed by its competent authorities on the designated airline(s) of the other Contracting Party are just and reasonable.

Artikel 16

1. The schedules of the agreed services shall be submitted for approval to the aeronautical authorities of both Contracting Parties at least thirty (30) days before the proposed date of their introduction. In special cases, this time limit may be reduced subject to the consent of the said authorities.

2. Requests for permission to operate additional flights can be submitted by the designated airline(s) for approval directly to the aeronautical authorities of the other Contracting Party.

Artikel 17

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 the present Agreement.

2.

Either Contracting Party may request consultations with a view to modify the present Agreement or its Annex. Such consultations shall begin within sixty (60) days from the date of receipt of the request by the other Contracting Party, unless both Contracting Parties agree to an extension of this period.

Such consultations may be conducted through discussions or by correspondence.

3. Any modification to the present Agreement agreed upon by the Contracting Parties shall come into force on the date on which the Contracting Parties have informed each other in writing of the completion of their respective constitutional requirements.

4. Any modifications of the Annex to the present Agreement shall be agreed upon in writing between the aeronautical authorities and shall take effect on a date to be determined by the said authorities.

Artikel 18

1. If any dispute arises between the Contracting Parties relating to the interpretation or the application of the present Agreement, the Contracting Parties shall in the first place endeavor to settle it by direct negotiations.

2. If the Contracting Parties fail to reach a settlement by negotiations, 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 a decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third 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 and 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 be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In any case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

3. The Contracting Parties undertake to comply with any decisions taken under paragraph 2 of this Article.

4. If and for so long as either Contracting Party fails to comply with a decision taken 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.

5. Each Contracting Party shall bear the expenses and remuneration necessary for its arbitrator; the fee for the third arbitrator and the expenses necessary for this one as well as those due to the activity of the arbitration shall be equally shared by the Contracting Parties.

Artikel 19

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

Artikel 20

1. The provisions of the Convention shall be applied to this Agreement.

2. If a multilateral agreement concerning any matter covered by this Agreement, accepted by both Contracting Parties, enters into force, the relevant provisions of that agreement supersede the relevant provisions of the present Agreement.

Artikel 21

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

Artikel 22

This Agreement shall enter into force on the date of receipt of the later written notification by the Contracting Parties through diplomatic channels of completion of their internal procedures required for the entry into force of the Agreement.

It shall terminate twelve (12) months after the date of receipt of written notice by either Contracting Party through diplomatic channels to the other Contracting Party of its decision to terminate the Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In the absence of acknowledgement of receipt by the 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.