rijk/verdrag/overeenkomst-tussen-het-koninkrijk-der-nederlanden-en-de-republiek-kenya-inzake/BWBV0003868

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Kenya inzake luchtdiensten tussen en via hun onderscheiden grondgebieden	BWBV0003868	verdrag	geldend	1981-02-24	https://wetten.overheid.nl/BWBV0003868	Overeenkomst tussen het Koninkrijk der Nederlanden en de Republiek Kenya inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

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

Artikel 1

For the purposes of this Agreement unless the context otherwise requires:

(a) (a) the term “aeronautical authorities” means, in the case of the Republic of Kenya, the Minister in charge of Civil Aviation or any person or body authorised to perform a particular function to which this Agreement relates; and in the case of the Kingdom of the Netherlands, for the Netherlands, the Director General of Civil Aviation or any person or body authorised to perform any of these functions; (b) (b) 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; (c) (c) 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 adopted under Article 90 of that Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties; (d) (d) the term “designated airline” means an airline which has been designated and authorised in accordance with Article 4 of this Agreement; (e) (e) the term "tariff” means the prices to be paid for the carriage of passengers and cargo and the conditions under which those prices apply including prices and conditions of agency and other auxiliary services but excluding remuneration and conditions for the carriage of mail; and (f) (f) subject to Article 15 of this Agreement, the term “territory” in relation to a State means the land areas and territorial waters adjacent thereto under the sovereignty of that State.

Artikel 2

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

Artikel 3

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 Schedule annexed to this Agreement, and drawn up in furtherance thereof. Such services and routes are here after called “the agreed services” and “the specified routes” respectively.

3). While operating an agreed service on a specified route the airline 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 Schedule to this Agreement for the purpose of taking on board and discharging passengers and cargo including mail.

4). Nothing in paragraphs (2) and (3) of this Article shall be deemed to confer on the 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 and destined for another point in the territory of the other Contracting Party.

Artikel 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.

2). On receipt of such designation, the aeronautical authorities of the other Contracting Party shall without delay, subject to the provisions of paragraphs (3) and (4) of this Article, grant to the airline designated in accordance with paragraph (1) of this Article the appropriate operating authorisations.

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 fulfil the conditions prescribed under the laws and the 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 authorisations 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 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 its nationals.

5). When an airline has been so designated and authorised, it may operate the agreed services for which it is designated provided that a tariff established in accordance with the provisions of Article 9 of this Agreement is in force in respect of that service.

Artikel 5

1).

Each Contracting Party shall have the right to revoke an operating authorisation 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:

(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 its nationals; or (b) (b) in the case of failure by that airline to comply with the laws or the regulations in force in the territory of the Contracting Party granting these rights; or (c) (c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2). Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of the laws or the regulations of either Contracting Party or the provisions of this Agreement, such right shall be exercised only after consultation with the aeronautical authorities of the other Contracting Party.

Artikel 6

1). Aircraft operated on international air services by the designated airline of either Contracting Party, as well as their regular equipment, 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 or are used on the part of the journey performed over that territory.

2).

There shall also be exempt from the same duties, fees and charges, with the exception of charges corresponding to the service performed:

(a) (a) aircraft stores taken on board in the territory of a Contracting Party, within limits fixed by the Customs authorities of the said territory and for use on board outbound aircraft engaged on an international air service by the designated airline of the other Contracting Party; (b) (b) spare parts and regular airborne equipment introduced into the territory of either Contracting Party for the maintenance or repair of aircraft used on international air services by the designated airline of the other Contracting Party; (c) (c) fuels and lubricants supplied to an aircraft of the designated airline of a Contracting Party engaged on an international air service in the territory of the other Contracting Party and used on an inward flight until that flight is completed, on an outward flight from the time that flight commences or on a through-transitting flight, notwithstanding that on all such flights aircraft may take intermediate landings in that territory.

3). Materials referred to in sub-paragraphs (a), (b) and (c) above may be required to be kept under Customs supervision or control.

Artikel 7

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 other Contracting Party only with the approval of the Customs authorities of that Party. In such cases they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations.

Artikel 8

1). The designated airlines of the two Contracting Parties shall be afforded fair and equitable treatment in order that they may enjoy equal opportunity in the operation of agreed services. They shall take into account their mutual interests so as not to affect unduly their respective services.

2). The operation of the agreed services between the Republic of Kenya and the Kingdom of the Netherlands in both directions along the specified routes constitutes a basic and primary right of the two Contracting Parties.

3).

For the operation of Agreed Services:

(a) (a) the total capacity provided on each of the routes shall be adapted to reasonably anticipated traffic requirements; (b) (b) the designated airlines of both Contracting Parties shall be entitled to an equal share of the capacity referred to in sub-paragraph 3 (a) of this Article; (c) (c) in order to meet seasonal fluctuations or unexpected traffic demands of a temporary character, the designated airlines of the two Contracting Parties shall agree between themselves on suitable measures to meet the temporary increase in traffic. Any agreement concluded between the airlines and any amendments thereto shall be submitted for approval to the aeronautical authorities of the two Contracting Parties; (d) (d) if either Contracting Party does not wish to use, on one or more routes, part or all of the capacity to which it is entitled, it may consult the other Contracting Party with a view to transferring to the latter, for a fixed period, the whole or part of the capacity at its disposal within the agreed limits. The Contracting Party which has transferred all or part of its rights may recover them at the end of the above period.

Artikel 9

1). The tariffs to be charged by the 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 cost of operation, 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, wherever possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.

3). The tariffs so agreed shall be submitted for approval to the aeronautical authorities of both Contracting Parties at least ninety (90) days before the proposed date of their introduction. In special cases, this period may be reduced subject to the agreement of the said authorities.

4). The approval referred to in paragraph (3) of this Article may be given expressly. If neither of the aeronautical authorities has expressed disapproval within thirty (30) days from the date of submission in accordance with paragraph (3) of this Article, these tariffs shall be regarded as approved. In the event of the period for submission being reduced as provided for in paragraph (3) the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.

5). If a tariff cannot be agreed in accordance with paragraph (2) of this Article, or if, during the period applicable in accordance with paragraph (4) of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of a tariff agreed in accordance with the provisions of paragraph (2) of this Article, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement.

6). A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it would otherwise have expired or the date of the giving of a notice of disapproval of that tariff under paragraph (5) of this Article, whichever shall be the earlier.

Artikel 10

The aeronautical authorities of a 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. Such statements shall include all information required to determine the amount of traffic carried by that airline on the agreed service and to origins and destinations of such traffic.

Artikel 11

Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer of the excess of receipts over expenditure earned by each designated airline in the territory of the other Contracting Party. Such transfers shall be effected 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 12

1). In a spirit of close cooperation the aeronautical authorities of both 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 Schedule hereto and shall consult when necessary to provide for modification thereof.

2). Either Contracting Party may request consultations which may be oral or in writing and shall begin within a period of sixty (60) days of the date of the request unless both Contracting Parties agree to an extension of this period.

3). Any modification of this Agreement decided upon during the consultations referred to in paragraphs (1) and (2), 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 writing that the formalities constitutionally required therefor in their respective countries have been complied with.

4). The respective aeronautical authorities are entitled to agree in writing upon any modifications of the Schedule annexed to this Agreement decided upon during the consultations referred to in paragraphs (1) and (2). Such modifications shall take effect on a date to be determined in an exchange of diplomatic notes.

Artikel 13

1). If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Governments of the Contracting Parties shall in the first place endeavour to settle it by negotiation.

2). If the Governments fail to reach a settlement by negotiations, they may agree to refer the dispute for decision to a competent 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 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 and the third arbitrator shall be appointed by the two arbitrators so nominated 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 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.

Artikel 14

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 simultaneously communicated to the International Civil Aviation Organization. In such case the 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 15

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

Artikel 16

This Agreement shall apply provisionally from the date of signature and shall enter into force on the date when the Contracting Parties have notified one another that their constitutional procedures have been completed.