rijk/verdrag/overeenkomst-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regerin/BWBV0003265

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Barbados inzake luchtdiensten tussen en via hun onderscheiden grondgebieden	BWBV0003265	verdrag	geldend	1994-11-23	https://wetten.overheid.nl/BWBV0003265	Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Barbados inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Barbados inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

Artikel 1

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

a. a. 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 or the Convention under articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or been ratified by both Contracting Parties; b. b. the term "aeronautical authorities" means:

      -
      for the Kingdom of the Netherlands the Minister of Transport and Public Works; 
    
    
      -
      for Barbados the Minister responsible for Civil Aviation; 
      or in either case any person or body authorized to perform any functions at present exercised by the said Minister;

• •   for the Kingdom of the Netherlands the Minister of Transport and Public Works;
    

• •   for Barbados the Minister responsible for Civil Aviation; 
      or in either case any person or body authorized to perform any functions at present exercised by the said Minister;
    

c. c. the term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement; d. d. the term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention; e. e. the terms "air services", "international air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention; f. f. the terms "agreed service" and "specified route" mean international air service pursuant to article 2 of this Agreement and the route specified in the appropriate Section of the Annex to this Agreement respectively; g. g. the term "stores" means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies; h. h. the term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex; i. i. the term "tariff" means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:

      I.
      the conditions governing the availability and applicability of a tariff, and
    
    
      II.
      the charges and conditions for any services ancillary to such carriage which are offered by airlines.

I. I. the conditions governing the availability and applicability of a tariff, and II. II. the charges and conditions for any services ancillary to such carriage which are offered by airlines.

Artikel 2

1.

Each Contracting Party grants to the other Contracting Party except as otherwise specified in the Annex the following rights for the conduct of international air transportation by the designated airline(s) of the other Contracting Party:

a. a. the right to fly across its territory without landing; and b. b. the right to make stops in its territory for non-traffic purposes; and c. c. while operating an agreed service on a specified route, the right to make stops in its territory for the purpose of taking up and discharging international traffic in passengers, cargo and mail, separately or in combination.

2. Nothing in paragraph 1 of this Article shall be deemed to grant the right for one Contracting Party's airline(s) to participate in air transportation between points in the territory of the other Contracting Party.

Artikel 3

1.

Each designated airline may on any or all flights on the agreed services, change aircraft in the territory of the other Contracting Party or at any point along the specified routes, provided that:

a. a. aircraft used beyond the point of change of aircraft shall be scheduled in coincidence with the inbound or outbound aircraft, as the case may be; b. b. in the case of change of aircraft in the territory of the other Contracting Party and when more than one aircraft is operated beyond the point of change, not more than one such aircraft maybe of equal size and none may be larger than the aircraft used on the third and fourth freedom sector.

2. For the purpose of change of aircraft operations, a designated airline may use its own equipment and, subject to national regulations, leased equipment, and may operate under commercial arrangements with another airline.

3. A designated airline may use different or identical flight numbers for the sectors of its change of aircraft operations.

Artikel 4

1. Each Contracting Party shall have the right to designate by Diplomatic Note to the other Contracting Party one or more airlines to operate air services on the routes specified in the Annex and to substitute another airline for an airline previously designated.

2. On receipt of such notification, each Contracting Party shall, without delay, grant to an airline so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article.

3. Upon receipt of the operating authorization of paragraph 2 of this Article the designated airline may at any time begin to operate the agreed services, in part or in whole, provided that it complies with the provisions of this Agreement and that tariffs for such services have been established in accordance with the provisions of Article 6 of this Agreement.

4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article, or to grant this authorization under conditions that may be deemed necessary on the exercise by the designated airline of the rights specified in Article 2 of this Agreement, if it is not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating it or in its nationals or in both.

Artikel 5

1.

The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 4 with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose conditions:

a. a. in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations normally and reasonably applied by these authorities in conformity with the Convention; b. b. in the event of failure by such airline to comply with the laws and regulations of that Contracting Party; c. c. in the event that they are not satisfied that substantial ownership and effective control of an airline are vested in the Contracting Party designating such airline or in its nationals or in both; and d. d. in the event such airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, and the provisions of this Agreement, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article 16 of this Agreement.

Artikel 6

1. The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their territories shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines for any part of the specified route.

2. Tariffs referred to in paragraph 1 of this Article shall, if possible, be agreed between the designated airlines of both Contracting Parties. The airlines may consult other airlines operating over the whole or part of the routes. Where one Contracting Party has not designated an airline, the tariffs shall be drawn up by the designated airline(s) of the other Contracting Party. In any case the tariffs shall be subject to the approval of the aeronautical authorities of both Contracting Parties.

3. All tariffs so agreed shall be submitted for approval of the aeronautical authorities of both Contracting Parties at least forty-five (45) days before the proposed date of their introduction, except where the said authorities agreed to reduce this period in special cases.

4.

Approval of tariffs may be given expressly; or, 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, the tariffs shall be considered as approved.

In the event of the period for submission being reduced, as provided for in paragraph 3 of this Article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be reduced accordingly.

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 any 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. If the aeronautical authorities cannot agree on a tariff submitted to them under paragraph 3 of this Article, or on the determination of a tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.

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

8. The designated airlines of both Contracting Parties may not charge tariffs different from those which have been approved in conformity with the provisions of this Article.

Artikel 7

1.

The designated airlines of both Contracting Parties shall be allowed:

a. a. to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation; b. b. in the territory of the other Contracting Party to engage directly and, at that airline's discretion, through its agents in the sale of air transportation.

2. The designated airline(s) of one Contracting Party shall be allowed, to bring in and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation.

3. These staff requirements may, at the option of the designated airline(s), be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.

4. The above activities shall be carried out in accordance with the laws and regulations of the other Contracting Party.

5. Both Contracting Parties shall dispense with the requirement of employment authorization or visitor visas or other similar documents for personnel performing certain temporary services and duties except in special circumstances determined by the national authorities concerned. Where such authorizations, visas or documents are required, they shall be issued promptly and free of charge so as not to delay the entry into the State of the personnel concerned.

Artikel 8

1. There shall be fair and equal opportunity for the designated airlines of both Parties to participate in the international air transportation covered by this Agreement.

2. Each 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 airlines of the other Party.

Artikel 9

1. The airline(s) designated by each Contracting Party shall submit for the approval of the aeronautical authorities of the other Contract ing Party, forty-five (45) days in advance, the proposed timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public. Such approval shall not be unreasonably withheld.

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 10

1. Aircraft operated on international air services by the designated airline(s) of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores (including food, beverages and tobacco) on board and all advertising and promotional material kept on board such aircraft shall be exempt from all customs duties, inspection fees and similar national or local duties and charges, on arrival in the territory of the Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.

2.

With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores introduced into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use on board aircraft while operating international services, no local and/or national duties and charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party, shall be applied, even when these supplies are to be used on the parts of the journey over the territory of the Contracting Party in which they are taken on board.

The articles referred to above may be required to be kept under customs supervision and control.

The provisions of this paragraph cannot be interpreted in such a way that a Contracting Party can be made subject to the obligation to refund customs duties which already have been levied on the items referred to above.

3. Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores 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 11

Income or profits from the operations of aircraft in international traffic derived by a 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.

Artikel 12

1. The designated airlines of the Contracting Parties shall be free to transfer to their home territory the excess of receipts over expenditure in the territory of the other Contracting Party, subject to the respective foreign currency regulations applicable to all countries in like circumstances. Included in such net transfer shall be revenues from sales, in any currency, made directly or through agents, of air transport services, and ancillary or supplemental services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.

2. Conversion and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the date of submission of the request for transfer and shall not be subject to any charges except normal charges and fees collected by banks for such transactions. Approval for such conversion shall be received without unreasonable delay.

Artikel 13

1. The laws, regulations and procedures of either Contracting Party relating to the admission to, remaining in, 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(s) of the other Contracting Party upon its entry into, and until and including its departure from, the said territory.

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 the designated airline(s) of the other Contracting Party and by or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline(s) of the other Contracting Party upon their entry into, and until and including their departure from, the territory of the said Contracting Party.

3. Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

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 in the territory of the first Party, shall not be higher than those applied to the operations of any other airline engaged in similar operations.

5. Neither of the Contracting Parties shall give preference to any other airline over the designated airline(s) 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 14

1. Certificates of airworthiness, certificates of competency and licenses issued, or validated, by one Contracting Party and unexpired shall be recognised 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 licenses were issued, or validated, in conformity with the standards established under the Convention.

2. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates or competency and licenses granted to its own nationals by the other Contracting Party.

Artikel 15

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 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 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, in so far as the Contracting Parties are both Party to these Conventions.

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 Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the 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 their territory and the operators of airports in their territory 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 that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crews, 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 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 of 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.

Artikel 16

1. In a spirit of close cooperation 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 shall consult when necessary to provide for modification thereof.

2. Either Contracting Party may request consultations, which shall begin within sixty (60) days of the date of the receipt of the request unless both Contracting Parties agree to an extension or reduction of this period. Such consultations may be conducted either orally or in writing.

3. Any amendment or modification of this Agreement agreed by the Contracting Parties, shall come into effect on a date to be determined in an exchange of diplomatic notes and be dependent upon the completion of nationally required legal procedures.

4. Any amendment or modification of the Annex to this Agreement shall be agreed upon in writing between the aeronautical authorities and shall take effect upon confirmation by exchange of diplomatic notes.

Artikel 17

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation. In the event that negotiation is unsuccessful, the Contracting Parties may refer the dispute to the International Civil Aviation Organisation or another third Party for an opinion.

2. If the Contracting Parties fail to reach a settlement by negotiation, or by the referral mentioned in paragraph 1 above, 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 of 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 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 Organisation may, at the request of either Contracting Party, appoint an arbitrator or arbitrators as the case requires. In all cases, the third arbitrator shall be a national of a third State and shall act as President of the tribunal. The tribunal will report within three (3) months of its appointment.

3. The Contracting Parties shall comply with any decision given under paragraph 2 of this Article.

4. The expenses of the tribunal shall be shared equally by the Contracting Parties.

Artikel 18

1. Either Contracting Party may at any time notify through diplomatic channels the other Contracting Party of its decision to terminate this Agreement.

2. Such notification shall be simultaneously communicated to the International Civil Aviation Organisation. 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 Organisation.

Artikel 19

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

Artikel 20

If a Multilateral Agreement concerning any matters covered by this Agreement accepted by both Parties enters into force, the relevant provisions of that Agreement shall supersede the relevant provisions of the present Agreement. Consultations in accordance with Article 16 of this Agreement may be held with a view to determining the extent to which this Agreement shall be affected by the provisions of the Multilateral Agreement.

Artikel 21

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

Artikel 22

The present Agreement shall be provisionally applied from the date of its signature and shall come into force on the day on which the Contracting Parties have informed each other in writing that the formalities constitutionally required therefore in their respective countries have been complied with.