rijk/verdrag/verdrag-inzake-luchtvervoer-tussen-de-regering-van-het-koninkrijk-der-nederlande/BWBV0001329/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Russische Federatie	BWBV0001329	verdrag	geldend	1998-04-08	https://wetten.overheid.nl/BWBV0001329	Verdrag inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Russische Federatie

Verdrag inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Russische Federatie

Artikel 1

For the purpose of this Agreement the following terms mean:

a) a) ‘‘Convention’’: the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex and any amendment thereto adopted under Article 90 of the Convention to the extent that such Annex and amendment thereto are applicable to the Contracting Parties and any amendment of the Convention adopted under Article 94 of the Convention ratified by the Russian Federation and by the Kingdom of the Netherlands respectively; b) b) ‘‘aeronautical authorities’’: in the case of the Russian Federation, the Federal Aviation Authority of Russia or any person or body authorised to perform any function presently exercised by the said Authority and, in the case of the Kingdom of the Netherlands, the Minister of Transport, Public Works and Watermanagement, or any person or body authorised to perform any function presently exercised by the said Minister; c) c) ‘‘designated airline’’: an airline which has been designated and authorized in accordance with Article 4 of this Agreement; d) d) ‘‘territory’’ in relation to a State: land areas, territorial and internal waters and air space above them under the sovereignty of that State; e) e) ‘‘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; f) f) ‘‘agreed service’’ and ‘‘specified route’’: international air service pursuant to Article 2 of this Agreement and, respectively, the route specified in the appropriate Section of the Annex to this Agreement; g) g) ‘‘stores’’: articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies; h) h) ‘‘Agreement’’: this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex; i) i) ‘‘tariff’’: 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

Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing international air services on the agreed services and the specified routes.

Artikel 3

1.

An airline designated by each Contracting Party shall enjoy while operating an agreed service on a specified route the following rights:

a) a) to fly across the territory of the other Contracting Party’s State without landing; b) b) to make stops in the territory of the other Contracting Party’s State for non-traffic purposes at the points set out in Annex to the present Agreement; c) c) to make stops in the territory of the other Contracting Party’s State at the points specified for that route in Annex to the present Agreement for the purpose of taking on and/or putting down international traffic in passengers, cargo and mail, separately or in combination.

2. Nothing in this Article shall be deemed to confer on a designated airline of one Contracting Party the right of taking on board passengers, cargo and mail carried for hire or reward, between the points in the territory of the State of the other Contracting Party.

3. The flight routes of aircraft on the agreed services and the points for crossing national boundaries shall be established by each of the Contracting Parties within the territory of its State.

4. Operational aspects of the agreed services – to the extent determined by the aeronautical authorities of the Contracting Parties on the basis of national laws and regulations – shall be settled between the designated airlines concerned and shall be submitted for approval to the above mentioned authorities, if necessary.

Artikel 4

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the purpose of operating the agreed services on the specified routes and to substitute another airline for an airline previously designated.

2. On receipt of such notification, the other Contracting Party shall, without delay, subject to the provisions of paragraphs 3 and 4 of this Article, grant to each designated airline the appropriate operating authorization.

3. The aeronautical authorities of a Contracting Party granting the operating authorization may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied by such authorities to the operation of international air services.

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 impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 3, 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 and/or in its nationals.

5. As soon as an airline has been designated and authorized, it may begin to operate the agreed new services for which it is designated provided that a tariff established in accordance with the provisions of Article 10 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 authorization of an airline designated by the other Contracting Party or to suspend the exercise of the rights specified in Article 3 of this Agreement 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 and/or in its nationals; or b) b) in case of a failure by that airline to comply with the laws or the regulations in force of the Contracting Party granting these rights; c) c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate revocation, suspension or imposing of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of the laws or the regulations, such rights shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall begin within a period of sixty (60) days from the date of the request.

Artikel 6

1. The laws, regulations and procedures of one Contracting Party’s State relating to the arrival in or the departure from its territory of aircraft engaged in international air services or to operation and navigation of such aircraft while within its territory shall be applied to aircraft of an airline designated by the other Contracting Party.

2. The laws and regulations and procedures of one Contracting Party’s State relating to arrival in, stay in or departure from its territory of passengers, crew, cargo or mail, such as regulations relating to passports, customs, currency and sanitary measures shall be applied to passengers, crew, cargo or mail of aircraft of an airline designated by the other Contracting Party while within the said territory.

3. Neither of the Contracting Parties shall give preference to any other airline over a designated airline of the other Contracting Party in the application of its State’s customs, immigration, quarantine, and similar regulations; or in the use of airports, airways and air traffic services and associated facilities under its control.

Artikel 7

1. Fees and charges for the use of each airport including its installations, technical and other facilities and services as well as any charges for the use of air navigation facilities, communication facilities and services shall be made in accordance with the rates and tariffs established in the territory of the State of each Contracting Party.

2. Fees and charges applied in the territory of the State 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 State of the first Contracting Party, shall not be higher than those applied to the operations of any other airline engaged in similar operations.

Artikel 8

Passengers, baggage and cargo in direct transit across the territory of one Contracting Party’s State and not leaving the area of the airport reserved for such purpose shall be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from the imposition of customs duties and other taxes. As regards hand luggage from passengers in direct transit in the Netherlands and with final destination to other EU-Member States, the internal law and regulations of the Netherlands shall be applicable.

Charges for performed services, storage and customs clearance shall be made in accordance with the internal laws and regulations of the respective States of the Contracting Parties.

Artikel 9

1. The designated airlines of the Contracting Parties shall have fair and equal opportunity to operate the agreed services on the specified routes between the territories of their respective States.

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 airlines of the other Contracting Party.

Artikel 10

1. The tariffs for carriage between the respective territories of the States of the Contracting Parties shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of airline (such as standards of speed and service) and the tariffs of other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the following provisions of this Article.

2. Tariffs referred to in paragraph 1 of this Article shall, whenever possible, be agreed by the designated airlines concerned through the use of the procedures of the International Air Transport Association for the fixation of tariffs. When this is not possible the tariffs shall be agreed between the designated airlines concerned. In any case the tariffs shall be subject to the approval of the aeronautical authorities of both Contracting Parties.

3. If the designated airlines concerned cannot agree on any of these tariffs or if for some other reason a tariff cannot be agreed upon in accordance with the provisions of paragraph 2 of this Article the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by agreement between themselves.

4. If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph 2 of this Article or on the determination of any tariff under paragraph 3, the dispute shall be settled in accordance with the provisions of Article 16 of the present Agreement.

5. All tariffs so agreed shall be submitted for approval of the aeronautical authorities of both Contracting Parties at least sixty (60) days before the proposed date of their introduction, except where the said authorities agree to reduce this period in special cases.

6.

No tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it. 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 5 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 5, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be reduced accordingly.

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

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 11

1. Aircraft operated on the agreed services by a designated airline of one Contracting Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants, aircraft stores (including food, beverages and tobacco) as well as advertising and promotional material on board the aircraft shall be exempt from the imposition of all customs duties and other 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.

Also exempt from the imposition of customs duties and other taxes shall be:

a. a. aircraft stores taken on board in the territory of the State of one Contracting Party, within limits fixed by the authorities of the said Contracting Party, and for use on board the aircraft operated on the agreed services by a designated airline of the other Contracting Party; b. b. spare parts introduced into the territory of the State of one Contracting Party for the maintenance or repair of aircraft engaged in operation on agreed services by a designated airline of the other Contracting Party; c. c. fuels and lubricants intended for use in the operation of the agreed services by aircraft of a designated airline of one Contracting Party, even when these supplies are to be used on the part of the route performed within the territory of the State of the other Contracting Party in which they are taken on board.

Charges for performed services, storage and customs clearance shall be made in accordance with internal laws and regulations of the Contracting Parties’ States.

3. Materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision or control.

4. Regular airborne equipment, as well as the materials, supplies and spare parts retained on board the aircraft operated by a designated airline of one 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 such case 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 12

1. The airlines of the Contracting Parties shall be free to sell air transport services on their own transportation documents in the territories of the States of both Contracting Parties, either directly or through an agent, in any freely convertible currency, in accordance with the laws and regulations of the respective Contracting Party’s State.

2.

Each Contracting Party shall grant to a designated airline of the other Contracting Party the right to transfer freely the excess of receipts over expenditure earned by the said designated airline in connection with the operation of the agreed services.

Included in such net transfer shall be revenues from sales, made directly or through agents, of air transport services, and ancillary or supplemental services.

3. Such transfer shall be made in accordance with the provisions of the agreement regulating financial matters of the Contracting Parties’ States. In case of the absence of such agreement or respective provisions the transfer shall be effected in freely convertible currency at the official exchange rate in accordance with the foreign exchange regulations of the Contracting Parties’ States.

Artikel 13

The airlines of each Contracting Party shall be granted the right to station in the territory of the State of the other Contracting Party their representations with the necessary managerial, administrative, commercial and technical personnel.

Artikel 14

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 the present Agreement. Without limiting the generality of their rights and obligation 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, the Protocol for Suppressions of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and the provisions of bilateral agreements in force between the Contracting parties as well as their agreements to be signed subsequently.

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 act in conformity with the aviation security provisions and technical requirements 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 and requirements 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 their territory’s 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 and requirements 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 its territory 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 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.

Artikel 15

From time to time there shall be consultations between the aeronautical authorities of the Contracting Parties to ensure close collaboration in all matters affecting the fulfilment of the present Agreement.

Artikel 16

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

2. If the said aeronautical authorities fail to reach an agreement the dispute shall be settled through diplomatic channels.

3. If settlement cannot be reached by the aforementioned methods, the dispute shall, at the request of either Contracting Party, be submitted for decision to Arbitration. The Arbitration shall be carried out by a tribunal consisting of three arbitrators.

4. Each of the Contracting Parties shall appoint one 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 settlement of the dispute by Arbitration. The third arbitrator shall be appointed jointly by the other two arbitrators within a further sixty (60) days. If either of the Contracting Parties fails to appoint an arbitrator within the specified period or if the third arbitrator is not appointed within the specified period, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint as soon as possible an arbitrator or arbitrators as the case requires.

5.

The third arbitrator appointed under paragraph 4 of this Article, shall be a national of a third state and shall act as President of the Arbitration.

If the President of the Council of the International Civil Aviation Organization is a national of the State of either Contracting Party or if he is otherwise prevented from discharging his function as mentioned in paragraph 4 of this Article, the vice-president deputizing for him should make the necessary appointments.

6.

The Arbitration shall reach its decision by a majority of votes. Any such decision shall be binding on both Contracting Parties.

Each Contracting Party shall bear the cost of its own appointed arbitrator or arbitrator appointed by the President of the Council of the International Civil Aviation Organization on its behalf as well as of its representation in the arbitral proceedings; the cost of the President of the Arbitration and any other costs shall be borne in equal parts by the Contracting Parties.

In all other respects, the Arbitration shall determine its own procedure.

Artikel 17

If either of the Contracting Parties considers it desirable to modify the terms of the present Agreement and the Annex thereto it may request a consultation between the aeronautical authorities of both Contracting Parties in relation to the proposed modification. Consultations shall begin within a period of sixty (60) days from the date of the request unless the aeronautical authorities of the Contracting Parties agree upon the prolongation of that period. Any modification of the 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. Any modification of the Annex may be made by an agreement between the aeronautical authorities of the Contracting Parties.

Artikel 18

The present Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization.

Artikel 19

Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate the present 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 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 International Civil Aviation Organization.

Artikel 20

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

Artikel 21

1. This Agreement shall enter into force at the date of the last written notification confirming that the Contracting Parties have fulfilled all their internal procedures for the entry into force of this Agreement.

2. From the day this Agreement comes into force, the Air Service Agreement between the Government of the Union of the Soviet Socialist Republics and the Government of the Kingdom of the Netherlands, signed on 17 June 1958, as amended, as well as all its supplements are terminated in regard to the relations between the Russian Federation and the Kingdom of the Netherlands.