Verdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en de Regering van het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland inzake luchtdiensten tussen en via het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland, enerzijds, en de Nederlandse Antillen, anderzijds

1

Each Contracting Party grants to the other Contracting Party the following rights in respect of its international air services:

• a)

  the right to fly across its territory without landing;

• b)

  the right to make stops in its territory for non-traffic purposes.

2

Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the Schedule annexed to this Agreement. Such services and routes are hereinafter called ‘‘the agreed services’’ and ‘‘the specified routes’’ respectively. While operating an agreed service on a specified route the airline or airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this Article the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Schedule to this Agreement for the purpose of taking on board and discharging passengers and cargo, including mail.

3

Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline or airlines of one Contracting Party the right to take on board, in the territory of the other Contracting Party, passengers and cargo, including mail, carried for hire or reward and destined for another point in the territory of the other Contracting Party.

4

If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of routes.

1

Each Contracting Party shall have the right to designate airlines for the purpose of operating the agreed services on each of the specified routes and to withdraw or alter such designations. Such designations shall be made in writing and shall be transmitted to the other Contracting Party through diplomatic channels.

2

On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorisations and technical permissions, the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided:

• a)

  in the case of an airline designated by the United Kingdom of Great Britain and Northern Ireland:

  • (i)

    it is established in the territory of the United Kingdom under the Treaty establishing the European Community and has a valid operating licence in accordance with European Community law; and

  • (ii)

    effective regulatory control of the airline is exercised and maintained by the EC Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

  • (iii)

    the airline is owned, directly or through majority ownership, and it is effectively controlled by EC Member States or the European Free Trade Association and/or by nationals of such states.

• b)

  in the case of an airline designated by the Kingdom of the Netherlands:

  • (i)

    it is established in the territory of the Netherlands Antilles and is licensed in accordance with the applicable law of the Netherlands Antilles;

  • (ii)

    the Netherlands Antilles aeronautical authority has and maintains effective regulatory control of the airline; and

  • (iii)

    the airline is owned, directly or through majority ownership, and is effectively controlled by the Netherlands Antilles and/or by nationals of the Kingdom of the Netherlands who are permanent residents of the Netherlands Antilles.

• 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 Contracting Party considering the application or applications.

3

When an airline has been so designated and authorised it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.

1

Either Contracting Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party:

• a)

  where, in the case of an airline designated by the United Kingdom of Great Britain and Northern Ireland:

  • (i)

    it is not established in the territory of the United Kingdom under the Treaty establishing the European Community or does not have a valid operating licence in accordance with European Community law; or

  • (ii)

    effective regulatory control of the airline is not exercised or not maintained by the EC Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation; or

  • (iii)

    the airline is not owned, directly or through majority ownership, or is not effectively controlled by EC Member States or the European Free Trade Association and/or by nationals of such states.

• b)

  where, in the case of an airline designated by the Kingdom of the Netherlands:

  • (i)

    it is not established in the territory of the Netherlands Antilles or is not licensed in accordance with the applicable law of the Netherlands Antilles;

  • (ii)

    the Netherlands Antilles aeronautical authority does not have or maintain effective regulatory control of the airline; or

  • (iii)

    the airline is not owned, directly or through majority ownership, or is not effectively controlled by the Netherlands Antilles and/or by nationals of the Kingdom of the Netherlands who are permanent residents of the Netherlands Antilles.

• c)

  in the case of failure by that airline to comply with the laws or regulations normally and reasonably applied by the Contracting Party granting those rights; or

• d)

  if the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or

• e)

  in the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph 2 of Article 10 of this Agreement; or

• f)

  in accordance with paragraph 6 of Article 10 of this Agreement.

2

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

1

There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to compete in operating the agreed services on the specified routes.

2

Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transport it offers. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Chicago Convention.

3

Neither Contracting Party shall impose on the other Contracting Party’s designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.

4

Neither Contracting Party shall require the filing of schedules, programs for non-scheduled 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 this Article. If a Contracting Party requires filings for information purposes, it shall minimise the administrative burdens on air transport intermediaries and on designated airlines of the other Contracting Party of such filing requirements and procedures.

5

Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.

1

For the purpose of this Agreement the term tariff means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.

2

Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the market place. Neither Contracting Party shall require their airlines to consult other airlines about the tariffs they charge or propose to charge for services covered by this Agreement.

3

Each Contracting Party may require notification or filing of any tariff to be charged by its own designated airline or airlines. Neither Contracting Party shall require notification or filing of any tariffs to be charged by the designated airline or airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraphs 5 or 6 below.

4

Intervention by the Contracting Parties shall be limited to:

• a)

  the protection of consumers from tariffs that are excessive due to the abuse of market power;

• b)

  the prevention of tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.

5

Each Contracting Party may unilaterally disallow any tariff filed or charged by one of its own designated airlines. However, such intervention shall be made only if it appears to the aeronautical authority of that Contracting Party that a tariff charged or proposed to be charged meets either of the criteria set out in paragraph 4 above.

6

Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a tariff charged or proposed to be charged by an airline of the other Contracting Party. If one Contracting Party believes that any such tariff is inconsistent with the considerations set out in paragraph 4 above, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held not later than 14 days after receipt of the request. Without a mutual agreement the tariff shall take effect or continue in effect.

7

Notwithstanding paragraphs 3, 5 and 6 above, neither Contracting Party shall require the filing of tariffs for the carriage of cargo between the United Kingdom of Great Britain and Northern Ireland and the Netherlands Antilles. Such tariffs shall take effect when the airline concerned so decides.

8

A Contracting Party shall not require the filing for its approval of tariffs to be charged by the designated airline or airlines of the other Contracting Party for carriage between the first Contracting Party and a third state. Such tariffs shall take effect when the airline concerned so decides.

9

Notwithstanding the provisions of this Article, the tariffs to be charged by the designated airlines of both Contracting Parties for carriage wholly within the European Community shall be subject to European Community law.

1

The Contracting Parties shall relieve from all customs duties, national excise taxes and similar national fees:

• a)

  aircraft operated in international air services by the designated airline or airlines of either Contracting Party; and

• b)

  the following items introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party:

  • (i)

    repair, maintenance and servicing equipment and component parts;

  • (ii)

    passenger handling equipment and component parts;

  • (iii)

    cargo-loading equipment and component parts;

  • (iv)

    security equipment including component parts for incorporation into security equipment;

  • (v)

    instructional material and training aids;

  • (vi)

    airline and operators’ documents; and

• c)

  the following items introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party or supplied to a designated airline of one Contracting Party in the territory of the other Contracting Party:

  • (i)

    aircraft stores (including but not limited to such items as food, beverages and tobacco) whether introduced into or taken on board in the territory of the other Contracting Party;

  • (ii)

    fuel (subject to paragraph 5 of this Article), lubricants and consumable technical supplies;

  • (iii)

    spare parts including engines; and

• d)

  computer equipment and component parts introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party to assist in one or more of the following matters:

  • (i)

    the repair, maintenance or servicing of aircraft;

  • (ii)

    the handling of passengers at the airport or on board aircraft;

  • (iii)

    the loading of cargo onto or the unloading of cargo from aircraft;

  • (iv)

    the carrying out of security checks on passengers or cargo;

provided in the case of sub-paragraphs b)–d) they are for use on board an aircraft or within the limits of an international airport in connection with the establishment or maintenance of an international air service by the designated airline concerned.

2

The relief from customs duties, national excise taxes and similar national fees shall not extend to charges based on the cost of services provided to the designated airline or airlines of a Contracting Party in the territory of the other Contracting Party.

3

Equipment and supplies referred to in paragraph 1 of this Article may be required to be kept under the supervision or control of the appropriate authorities.

4

The reliefs provided for by this Article shall also be available in situations where the designated airline or airlines of one Contracting Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph 1 of this Article, provided such other airline or airlines similarly enjoy such relief from such other Contracting Party.

5

Nothing in this Agreement shall prevent the United Kingdom of Great Britain and Northern Ireland from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline of the Netherlands Antilles that operates between a point in the territory of the United Kingdom and another point in the territory of the United Kingdom or in the territory of another EC Member State.

1

Each Contracting Party may request consultations at any time concerning security standards in any area relating to aircrews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.

2

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, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Montreal Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and any aviation security agreement that becomes binding on both Contracting Parties.

3

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.

4

The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Chicago Convention to the extent that such security provisions are applicable to the Contracting Parties. Each Contracting Party shall require that airlines it has designated to operate the agreed services on the specified routes, and the operators of airports in its territory, act in conformity with such aviation security provisions.

5

Each Contracting Party agrees that its designated airlines shall be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into the territory of that other Contracting Party. For departure from, or while within, the territory of the United Kingdom of Great Britain and Northern Ireland, designated airlines shall be required to observe aviation security provisions in conformity with European Community law. For departure from, or while within, the territory of the Netherlands Antilles, designated airlines shall be required to observe aviation security provisions in conformity with the law in force in the Netherlands Antilles, as well as relevant regulations applicable to security. Each Contracting Party shall ensure that adequate measures are effectively applicable to security 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 act favourably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

6

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.

1

Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.

2

If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and the other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of Article 5 (1) of this Agreement (revocation or suspension of operating authorisations).

3

Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention it is agreed that any aircraft operated by or, under a lease arrangement, on behalf of the airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called ‘‘ramp inspection’’), provided this does not lead to unreasonable delay.

4

If any such ramp inspection or series of ramp inspections gives rise to:

• a)

  serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Chicago Convention; or

• b)

  serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention;

the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Chicago Convention.

5

In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 of this Article is denied by a representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred in that paragraph.

6

Each Contracting Party reserves the right to suspend or vary the operating authorisation of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.

7

Any action by one Contracting Party in accordance with paragraphs 2 or 6 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

1

Neither Contracting Party shall impose or permit to be imposed on the designated airline or airlines of the other Contracting Party user charges higher than those imposed on its own airlines operating similar international air services.

2

Each Contracting Party shall encourage consultation on user charges between their competent charging authorities and airlines using the services and facilities provided by those charging authorities, where practicable through those airlines’ representative organisations. Reasonable notice of any proposals for changes in user charges should be given to such users to enable them to express their views before changes are made. Each Contracting Party shall further encourage its competent charging authorities and such users to exchange appropriate information concerning user charges.

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 try to settle it by negotiation.

2

If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner:

• a)

  within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a third State, who shall act as President of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;

• b)

  if within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the International Court of Justice to make the necessary appointment within 30 days. If the President has the nationality of one of the Contracting Parties, the Vice-President shall be requested to make the appointment. If the Vice-President has the nationality of one of the Contracting Parties, the Member of the International Court of Justice next in seniority who does not have the nationality of one of the Contracting Parties shall be requested to make the appointment.

3

Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.

4

Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Each Contracting Party may submit a reply within 60 days of submission of the other Contracting Party’s memorandum. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due.

5

The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, 30 days after the date both replies are submitted. The decision shall be taken by a majority vote.

6

The Contracting Parties may submit requests for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.

7

The decision of the tribunal shall be binding on the Contracting Parties.

8

Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President, Vice-President or Member of the International Court of Justice in implementing the procedures in paragraph 2 b) of this Article.

1

Each Contracting Party shall notify the other Contracting Party through diplomatic channels of the completion of its constitutional formalities required to bring this Agreement into force. The Agreement shall come into force on the first day of the month following the date of the last notification.

2

Upon entry into force this Agreement shall supersede the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands for Certain Air Services, done at London on 13 August 1946 (‘‘the 1946 Agreement’’), as subsequently amended, insofar as the 1946 Agreement applies to air services between and beyond the territory of the United Kingdom of Great Britain and Northern Ireland, as defined in Article 1 d) of this Agreement, on the one hand and the Netherlands Antilles on the other. This Agreement does not affect the operation of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands Concerning Air Services, done at London on 10 January 2000.