Verdrag tussen het Koninkrijk der Nederlanden en de Syrische Arabische Republiek voor geregelde luchtdiensten

Agreement between the Kingdom of the Netherlands and the Syrian Arab Republic for scheduled air services

Preamble

The Kingdom of the Netherlands

and

the Syrian Arab Republic,

hereinafter referred to as the Contracting Parties,

being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;

desiring to contribute to the progress of international civil aviation;

desiring to replace their Agreement of February 13, 1950, for the purpose of improving the established Air services;

have agreed as follows:

CHAPTER

I

INTRODUCTION

Article

1

Definitions

For the purpose of this Agreement:

  • a)

    the term ``Aeronautical authorities" means: for the Kingdom of the Netherlands, the Minister of Transport, Public Works and Water Management; for the Syrian Arab Republic: the Minister of Transport or the Directorate General of Civil Aviation; or in either case any person or body authorized to perform any functions at present exercised by the said authorities;

  • b)

    the terms ``Agreed service" and ``Specified route" mean: International air service pursuant to this Agreement and the route specified in the Annex to this Agreement respectively;

  • c)

    the term ``Agreement" means: this Agreement, its Annex(es) drawn up in application thereof and any amendments thereto;

  • d)

    the terms ``Air service", ``International air service", and ``Stop for non-traffic purposes" shall have the meaning respectively assigned to them in Article 96 of the Convention;

  • e)

    the term ``Change of aircraft" means: the operation of one of the Agreed services by a Designated airline in such a way that one or more sectors of the Specified route are flown by different aircraft;

  • f)

    the term ``Computer Reservation System (CRS)" means: a computerized system (1) containing information about airline schedules, fares and related services and (2) through which reservations can be made and/or transportation documents can be issued;

  • g)

    the term ``the Convention" means: the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the 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;

  • h)

    the term ``Designated airline" means: an airline which has been designated and authorized in accordance with Article 3 of this Agreement (Designation and Authorization);

  • i)

    the term ``Stores" means: articles, of a readily consumable nature, for use or sale on board an aircraft during flight including commissary supplies;

  • j)

    the term ``Price" means: any amount charged or to be charged by the airline, 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 Price; and

    • (ii)

      the charges and conditions for any services ancillary to such carriage which are offered by the airline;

  • k)

    ``Territory" in relation to either Contracting Party shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of the Contracting Party;

  • l)

    ``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.

CHAPTER

II

OBJECTIVES

Article

2

Grant of Rights

Article

3

Designation and Authorization

Article

4

Revocation and Suspension of Authorization

CHAPTER

III

COMMERCIAL PROVISIONS

Article

5

Prices

Article

6

Commercial Activities

Article

7

Change of Aircraft

Article

8

Fair Competition

Article

9

Computer Reservation System

CHAPTER

IV

FINANCIAL PROVISIONS

Article

10

Customs Duties and Charges and other similar Duties

Article

11

User Charges

Article

12

Double Taxation

Article

13

Transfer of Funds

CHAPTER

V

REGULATORY PROVISIONS

Article

14

Application of Laws, Regulations and Procedures

Article

15

Recognition of Certificates and Licenses

Certificates of airworthiness, certificates of competency and licenses issued, or rendered in reciprocity, by one Contracting Party and still valid, shall be recognized as valid by the other Contracting Party for the purpose of operating the Agreed services on the route schedule, provided that the requirements under which such certificates and licenses were issued, or rendered in reciprocity, are equal to or higher than the minimum requirements which are, or may be in the future, established under the Convention.

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

Article

16

Safety

Article

17

Aviation Security

CHAPTER

VI

PROCEDURAL PROVISIONS

Article

18

Timetable

Neither Contracting Party shall require the filing of schedules, programs for flights or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of Article 8 (Fair Competition).

If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on Designated airlines of the other Contracting Party.

Article

19

Consultation and Modification

Article

20

Settlement of Disputes

CHAPTER

VII

LEGAL PROVISIONS

Article

21

Duration and Termination

Article

22

Registration with ICAO

This Agreement shall be registered with the International Civil Aviation Organization.

Article

23

Applicability of Multilateral Agreements and Conventions

Article

24

Applicability of the Agreement

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

Article

25

Entry into Force

This Agreement shall come into force on the first day of the second month following the date 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.

Upon entry into force, this Agreement shall replace the Agreement between the Government of the Kingdom of the Netherlands and the Government of the Syrian Arab Republic relating to civil air services between their respective territories, done at Damascus, 13 February 1950.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at Damascus on 13 October 2001, corresponding to 26 Rajab 1422, in two original copies, in the English language, each version being equally authentic.

For the Kingdom of the Netherlands

(sd.) J. M. DE VRIES

Mrs. J. M. de Vries

State Secretary of Transport, Public Works and Water Management

For the Syrian Arab Republic

(sd.) MAKRAM OBEID

Eng. Makram Obeid

Minister of Transport

Annex

Route Schedule

to the Air services Agreement between the Kingdom of the Netherlands and the Syrian Arab Republic.

  • 1.

    The Designated airline(s) of the Kingdom of the Netherlands shall be entitled to operate Air services on the route specified hereunder:

    points in the Netherlands – intermediate points -points in Syria – points beyond and vice versa.

  • 2.

    The Designated airline(s) of the Syrian Arab Republic shall be entitled to operate Air services on the routes specified hereunder:

    points in Syria-intermediate points – points in the Netherlands – points beyond and vice versa.

  • 3.

    Any or all of the intermediate points and/or points beyond on the Specified routes may, at the discretion of each Designated airline, be omitted on any or all of the flights, provided that those flights originate, respectively terminate in the Territory of the Contracting Party which has designated the airline.

  • 4.

    The Designated airlines shall have the right to exercise own stop-over rights at all intermediate and all beyond points.