rijk/verdrag/verdrag-inzake-luchtdiensten-tussen-de-regering-van-het-koninkrijk-der-nederland/BWBV0006711

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Regering van de Staat Qatar	BWBV0006711	verdrag	geldend	2018-12-01	https://wetten.overheid.nl/BWBV0006711	Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Regering van de Staat Qatar

Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Regering van de Staat Qatar

Artikel 1

For the purpose of this Agreement, unless otherwise defined, the term:

1. 1. “Aeronautical Authorities” means, in the case of the Government of the State of Qatar, the Minister of Transport and Communications; in the case of the Government of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation; or, in both cases, any person or body authorized to perform the functions at present exercised by said authorities;
2. 2. “Agreed Services” means Air Services on the specified routes for the carriage of passengers, cargo and mail, separately or in combination;
3. 3. “Agreement” means this Agreement, its Annex, and any amendments thereto;
4. 4. “Air Service”, “International Air Service”, “Airline” and “stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;
5. 5. “Designated Airline” means an Airline or Airlines designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
6. 6. “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 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 Parties;
7. 7. “Price” means any fare, rate or charge for the carriage of passengers, baggage and/or cargo in air transportation including any other mode of transportation in connection therewith charged by Airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
8. 8. “Territory” in relation to a Party has the meaning assigned to it in Article 2 of the Convention;
9. 9. “User charge” means a charge imposed on Airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities.

Artikel 2

1.

Each Party grants to the other Party the following rights for the conduct of Air Services by the Designated Airlines of the other Party:

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; c) c) the right to make stops in the Territory of the other Party at the points specified for that route in the schedules annexed to this Agreement for the purpose of taking on board and discharging passengers and cargo including mail, in combination or separately; and d) d) the rights otherwise specified in this Agreement.

2. The Airlines of each Party, other than those designated under Article 3 (Designation and Authorization) of this Agreement, shall also enjoy the rights specified in paragraphs 1 (a) and (b) of this Article.

3. Nothing in this Agreement shall be deemed to confer on the Airline or Airlines of one Party the right to take on board in the Territory of the other Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the Territory of that other Party.

Artikel 3

1. Each Party shall have the right to designate in writing through diplomatic channels to the Aeronautical Authorities of the other Party one or more Airlines to operate the Agreed Services in accordance with this Agreement, and to withdraw or alter such designation.

2.

Upon receipt of such a designation, and of applications from the Designated Airline, in the form and manner prescribed for operating authorizations, the other Party shall grant the appropriate authorizations with minimum procedural delay, provided that:

a) a) the Designated Airline is under the effective regulatory control of the designating Party; b) b) substantial ownership and effective control of the Airline are vested in the Party designating the Airline and/or its nationals; c) c) the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of International Air Services by the Party considering the application or applications; and d) d) the Party designating the Airline is maintaining and administering the standards set forth in Article 13 (Aviation Safety) and Article 14 (Aviation Security).

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.

Artikel 4

1. Either Party shall have the right to withhold the authorizations referred to in Article 3 (Designation and Authorization) of the Agreement with respect to an Airline designated by the other Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently, in the event that the Designated Airline fails to comply with the provisions of paragraph 2 of Article 3 (Designation and Authorization), and of Article 12 (Application of Laws) of this Agreement.

2. Unless immediate action is essential to prevent further non-compliance as referred to in paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultations between the Aeronautical Authorities in conformity with Article 17 (Consultations) of this Agreement.

Artikel 5

1. The Designated Airline(s) of each Party shall have the right to establish offices, in the Territory of the other Party for the promotion and sale of Air Services.

2.

Each Party shall permit the Designated Airlines of another Party to:

a) a) bring into its Territory and maintain employees who perform managerial, commercial, technical, operational and other specialist duties which are required for the provision of air transport services, consistent with the laws and regulations of the receiving State concerning entry, residence and employment; and b) b) use the services and personnel of any other nationality, organization, company or Airline operating in its Territory and authorized to provide such services.

3.

The representatives and staff shall be subject to the laws and regulations in force of the other Party, and consistent with such laws and regulations each party shall:

a) a) on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 2 of this Article; and b) b) facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties.

4. Each Designated Airline is permitted to perform its own ground-handling in the Territory of the other Party (“self-handling”) or, at its option, select among competing agents for such services in whole or in part, except where this is demonstrably impractical and also where constrained by relevant safety and security considerations, and, with the exception of self-handling, by the scale of airport operations being too small to sustain competitive providers. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all Airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible.

5. Each Designated Airline may engage in the sale of Air Services in the Territory of the other Party directly and, at the Designated Airline’s discretion, through its agents. Each Designated Airline shall have the right to sell such Air Services in the currency of that Territory or in freely convertible currencies.

6. Each Designated Airline shall be permitted to pay for local expenses, including purchases of fuel, in the Territory of the other Party in local currency. At their discretion, the Designated Airlines of each Party may pay for such expenses in the Territory of the other Party in freely convertible currencies according to local currency regulation.

7.

In operating or holding out the authorized services on the specified routes, any Designated Airline may enter into co-operative marketing arrangements such as blocked-space, codesharing, joint ventures or leasing arrangements, with:

a) a) an Airline or Airlines of either Party; and b) b) an Airline or Airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the Airlines of the other Party and other Airlines on services to, from and via such a third country; and

provided that:

1. 1. all Airlines hold the appropriate authority in such arrangements;
2. 2. all Airlines meet the requirements normally applied to such arrangements; and

3. 3. the Parties agree to take the necessary action to ensure that consumers are fully informed and protected with respect to codeshared flights operating to or from their Territory and that, as a minimum, passengers be provided with the necessary information in the following ways:

        a)
        verbally and, if possible, in writing at the time of booking;
      
      
        b)
        in written form, on the ticket itself and/or (if not possible), on the itinerary document accompanying the ticket or on any other document replacing the ticket, such as a written confirmation, including information on whom to contact in case of a problem and a clear indication of which Airline is responsible in case of damage or accident; and
      
      
        c)
        verbally again, by the Airline’s ground staff at all stages of the journey.
      

a) a) verbally and, if possible, in writing at the time of booking; b) b) in written form, on the ticket itself and/or (if not possible), on the itinerary document accompanying the ticket or on any other document replacing the ticket, such as a written confirmation, including information on whom to contact in case of a problem and a clear indication of which Airline is responsible in case of damage or accident; and c) c) verbally again, by the Airline’s ground staff at all stages of the journey.

8. Notwithstanding anything contained in this Article, the exercise of rights under this Article shall be in accordance with the applicable domestic laws, regulations and rules, and the Parties stipulate that the laws, regulations and rules shall be administered in a non-discriminatory fashion and consistent with the purposes of the Agreement.

Artikel 6

1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the Designated Airlines of the other Party shall be just, reasonable, non-discriminatory, and equitably apportioned among categories of users. In any event, any such User charges shall be assessed on the Designated Airlines of the other Party on terms not less favorable than the most favorable terms available to any other Airline at the time the charges are assessed.

2. User charges imposed on the Designated Airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.

3. Each Party shall encourage consultations between the competent charging authorities or bodies in its Territory and the Designated Airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the Designated Airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraph 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in User charges to enable users to express their views before changes are made.

4. Neither Party shall be held in dispute resolution procedures pursuant to Article 18 (Settlement of Disputes) to be in breach of a provision of this Article, unless (1) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (2) following such a review it fails to take all steps within its power to remedy any charge or practice that is not consistent with this Article.

Artikel 7

1. Each Party shall allow a fair and equal opportunity for each Designated Airline to compete in providing the International Air Services governed 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 Airline(s) of the other Party.

3. Each Party shall allow any Designated Airline of the other Party to determine the frequency and capacity of the Agreed Services it offers based on the Airline's commercial considerations in the marketplace. Therefore, neither Party shall impose on the Designated Airline of the other Party any requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. Neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or of the aircraft type or types operated by the Designated Airline of the other Party, except as may be required for customs and other government inspection services, technical, or operational reasons under uniform conditions consistent with Article 15 of the Convention.

4. Neither Party shall impose on the Designated Airlines of the other Party a first-refusal requirement, uplift ratio, no-objection fee, or any other requirements with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.

Artikel 8

1.

Each Party shall allow Prices for Air Services to be established by Airlines of both Parties based upon commercial considerations in the marketplace. Intervention by the Parties shall be limited to:

a) a) prevention of unreasonably discriminatory Prices or practices; b) b) protection of consumers from Prices that are unreasonably high or restrictive due to the abuse of a dominant position; c) c) protection of Airlines from Prices that are artificially low due to direct or indirect governmental subsidy or support.

2. Each Party may require notification or filing of any Price to be charged by its own Designated Airline. Neither Party shall require notification or filing of any Prices to be charged by the Designated Airline of the other Party. Prices may remain in effect unless subsequently disapproved under paragraph 3 of this Article.

3. Neither Party shall take unilateral action to prevent the inauguration or continuation of a Price proposed to be charged or charged by the Designated Airlines of either Party for International Air Services between the Territories of the Parties. If either Party believes that any such Price is inconsistent with the consideration set forth in this Article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction within fourteen (14) days from receiving the filing. These consultations shall be held not later than fourteen (14) days after receipt of the request. Without a mutual agreement, the Price shall go into effect or continue in effect.

Artikel 9

1.

Each Party shall on the basis of reciprocity exempt a Designated Airline of the other Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges, not based on the cost of services provided on arrival, on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including but not limited to such items of food, beverages, tobacco, and other products destined for sale to or use by passengers in limited quantities during flight) and other items such as uniform items, printed ticket stock, air waybills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed free of charge by that Designated Airline intended for use or used solely in connection with the operation or servicing of aircraft of the Airline of such other Party operating the Agreed Services.

The office equipment introduced in the Territory of either Party in order to be used in the offices of the Designated Airline of the other Party is also exempt, provided that such equipment is at the disposal of those offices during three (3) years from the date of their introduction into that Territory and the principle of reciprocity applies.

2. With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores introduced into the Territory of one Party by or on behalf of a Designated Airline of the other Party or taken on board the aircraft operated by such Airline and intended solely for use on board aircraft while operating international services, no duties and charges, including customs duties and inspection fees imposed in the Territory of the first Party, shall be applied, even when these supplies are to be used on the parts of the journey performed over the Territory of the Party in which they are taken on board. The articles referred to in this paragraph 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 Party can be made subject to the obligation to refund customs duties which already have been levied on the items referred to in this Article.

3.

The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:

a) a) introduced into the Territory of the Party by or on behalf of the Designated Airline of the other Party; b) b) retained on board aircraft of the Designated Airline of one Party upon arrival in or leaving the Territory of the other Party; or c) c) taken on board aircraft of the Designated Airline of one Party in the Territory of the other Party and intended for use in operating the Agreed Services,

whether or not such items are used or consumed wholly within the Territory of the Party granting the exemption, provided the ownership of such items is not transferred in the Territory of the said Party.

4. Regular airborne equipment, spare parts, supplies fuels and lubricants and aircraft stores retained on board the aircraft of either Party may be unloaded in the Territory of the other Party only with the approval of the customs authorities of that Party, who may require that materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Artikel 10

1. Profits and income from the operation of aircraft in international traffic derived by an Airline of a Party, including participation in inter-airline commercial agreements or joint business ventures, shall be exempt from any tax on profits or income imposed by the other Party.

2. Capital and assets of an Airline of a Party pertaining to the operation of aircraft in international traffic shall be exempt from any tax on capital and assets imposed by the other Party.

3. Gains from the alienation of aircraft operated in international traffic and movable property pertaining to the operation of such aircraft derived by an Airline of a Party shall be exempt from any tax on gains imposed by the other Party.

4. This Article shall not have effect when an agreement for the avoidance of double taxation with respect to taxes on income is in effect between the two Parties. If no such agreement exists, the Parties shall endeavor to conclude an agreement for the avoidance of double taxation.

Artikel 11

Each Designated Airline shall have the right to convert and remit to its country, on demand, local revenues from the sale of air transport services and associated activities directly linked to air transport in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the Airline makes the initial application for remittance.

Artikel 12

1. While entering, within or leaving the Territory of one Party, its laws and regulations relating to the operation and navigation of aircraft shall be complied with by the other Party’s Designated Airlines.

2. While entering, within or leaving the Territory of one Party, its laws and regulations relating to the admission to or departure from its Territory of passengers, crew and cargo on aircraft (including regulations relating to entry, clearance, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party’s Designated Airlines.

3. Neither Party shall give preference to its own or any other Airline over an Airline of the other Party engaged in similar International Air Services in the application of its immigration, customs, quarantine and similar regulations.

4. Passengers, baggage, cargo and mail in direct transit shall 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.

Artikel 13

1. Each Party shall recognize as valid, for the purpose of operating the Air Services provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses are at least equal to the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flight above or landing within its own Territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.

2. Each Party may request consultations, in conformity with Article 17 (Consultations), concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrew, aircraft and the operation of the Airlines.

3. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 2 of this Article that at least equal the minimum standards that may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action within fifteen (15) days or such longer period as may be agreed. Each Party reserves the right to withhold, revoke, suspend, or impose conditions on the operations authorization of an Airline or Airlines designated by the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time.

4. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of a Designated Airline of one Party, on service to or from the Territory of another Party, may, while within the Territory of the other Party be the subject to a ramp inspection by the authorized representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this inspection is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention.

5. When urgent action is essential to ensure the safety of an Airline operation, each Party reserves the right to immediately suspend or vary the operating authorization of a Designated Airline or Airlines of the other Party.

6. Any action by one Party in accordance with paragraph 5 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

7. With reference to paragraph 3 of this Article, if it is determined that one Party remains in non-compliance with the International Civil Aviation Organization (ICAO) standards when the agreed time period has elapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

Artikel 14

1. In accordance with their rights and obligations under international law, the 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 Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on February 24, 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on March 1, 1991, as well as with any other convention or protocol relating to the security of civil aviation which both Parties adhere to.

2. Each Party 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, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation.

3. Each Party shall, in its mutual relations, act in conformity with the aviation security provisions established by ICAO and designated as Annexes to the Convention; it shall require that operators of aircraft of its registry or operators of aircraft who are established in its Territory, and the operators of airports in its Territory act in conformity with such aviation security provisions. Each Party shall advise the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. Each Party may request immediate consultations with the other Party at any time to discuss any such differences.

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

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

6. Each Party shall have the right, within sixty (60) days following notice, for its Aeronautical Authorities to conduct an assessment in the Territory of the other Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the Territory of the first Party. The administrative arrangements for the conduct of such assessments shall be agreed between the Aeronautical Authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.

7. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authorities of that Party may request immediate consultations with the Aeronautical Authorities of the other Party. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, suspend, or impose conditions on the operating authorization of a Designated Airline or Airlines of that Party. When required by an emergency, or to prevent further non-compliance with the provisions of this Article, a Party may take interim action at any time to the expiry of fifteen (15) days.

Artikel 15

1. Each Designated Airline of either Party shall submit its envisaged flight schedules for approval to the Aeronautical Authorities of the other Party at least thirty (30) days prior to the operation of the Agreed Services. The same shall apply to any modification thereof.

2. For supplementary flights which the Designated Airline of one Party wishes to operate on the Agreed Services outside the approved timetable, that Airline must request prior permission from the Aeronautical Authorities of the other Party. Such requests shall be submitted at least fifteen (15) days prior to the operation of such flights.

Artikel 16

The Aeronautical Authorities of each Party shall provide the Aeronautical Authorities of the other Party, upon request, periodic or other statements of statistics as may be reasonably required.

Artikel 17

Either Party may, at any time, request consultations in writing relating to the interpretation, application, implementation, or amendment of, or compliance with this Agreement or its Annexes. Such consultations shall begin at the earliest possible date, but not later than sixty (60) days from the date the other Party receives the request, unless otherwise agreed.

Artikel 18

1. Any dispute arising between the Parties relating to the interpretation or application of this Agreement, except those that may arise under Articles 13 (Aviation Safety) and 14 (Aviation Security), the Aeronautical Authorities of both Parties shall in the first place endeavor to settle it by consultations and negotiation.

2. If the Parties fail to reach a settlement by negotiation, the dispute shall be settled through diplomatic channels.

3. If the 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 Party be submitted for decision to a tribunal of three (3) arbitrators, one to be nominated by each Party and the third to be appointed by the two so nominated. Each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either 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 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 ICAO may, at the request of either 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.

4. The cost of the arbitration tribunal and any other costs shall be borne in equal parts by the Parties.

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

Artikel 19

1. Any amendment to this Agreement shall be agreed upon by the Parties and shall be effected through an exchange of diplomatic notes. Such amendment shall enter into force in accordance with Article 24 (Entry into force) of this Agreement.

2. Notwithstanding the provisions of paragraph 1 of this Article, any amendment of the Annex to this Agreement may be agreed upon between the Aeronautical Authorities of both Parties, and confirmed through an exchange of diplomatic notes, and shall enter into force on a date to be determined in the diplomatic notes. This exception to paragraph 1 of this Article does not apply in case any traffic rights are added to the abovementioned Annex.

Artikel 20

If a general multilateral air transport agreement comes into force in respect of both Parties, the provisions of such agreement shall prevail. Consultations in accordance with Article 17 (Consultations) of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the multilateral agreement.

Artikel 21

1. Either Party may at any time give notice in writing through diplomatic channels to the other Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to ICAO.

2. The Agreement shall terminate at midnight one (1) year after the date of receipt of the notice by the other Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) working days after the receipt of the notice by ICAO.

Artikel 22

This Agreement and any amendments thereto shall be registered with ICAO.

Artikel 23

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

Artikel 24

This Agreement shall enter into force on the first day of the second month following the date of the last written notification, through diplomatic channels, by which the Parties shall have notified each other that all necessary internal procedures for entry into force of this Agreement have been completed.