The Government of the Kingdom of the Netherlands and the Government of Japan,
Desiring to conclude an agreement for the purpose of establishing and operating air services between and beyond their respective territories,
Have accordingly appointed their respective representatives for this purpose, who have agreed as follows:
For the purpose of the present Agreement, the provisions of the Convention on International Civil Aviation signed at Chicago on December 7, 1944 (hereinafter called „Convention”), which are applicable to the air services established and operated hereunder, shall, in their present terms or as amended in respect of both Contracting Parties in accordance with relevant provisions of the Convention, apply between the Contracting Parties for the duration of the present Agreement.
For the purpose of the present Agreement, unless the text, otherwise provides:
the term „aeronautical authorities” means, in the case of Japan, the Ministry of Transportation and any person or body authorised to perform any functions presently exercised by the said Ministry or similar functions, and, in the case of the Kingdom of the Netherlands, the Director-General of Civil Aviation and any person or body authorised to perform any functions presently exercised by the said Director-General or similar functions;
the term „designated airline” means an airline which one Contracting Party shall have designated by written notification to the other Contracting Party for the operation of air services on the routes specified in such notification, and which has the appropriate operating permission from that other Contracting Party, in accordance with the provisions of Article 4 of the present Agreement;
the term „air service” means any scheduled air service performed by aircraft for the public transport of passengers, cargo or mail;
the term „international air service” means an air service which passes through the air space over the territory of more than one State;
the term „airline” means any air transport enterprise offering or operating an international air service;
the term „stop for non-traffic purposes” means a landing for any purpose other than taking on or putting down passengers, cargo or mail;
the term „Schedule” means the Schedule to the present Agreement or as amended in accordance with the provisions of Article 15 of the present Agreement.
Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement to enable its designated airlines to establish and operate international air services on the routes specified in the appropriate Section of the Schedule (hereinafter called „agreed services” and „specified routes” respectively).
The agreed services on any specified route may be inaugurated immediately or at a later date at the option of the Contracting Party to which the rights are granted under Article 3 of the present Agreement, but not before
the Contracting Party to which the rights have been granted has designated an airline or airlines for that route, and
the Contracting Party granting the rights has given the appropriate operating permission to the airline or airlines concerned; which it shall, subject to the provisions of paragraph (2) of this Article and of paragraph (1) of Article 7, be bound to grant without delay.
Each of the airlines designated may be required to satisfy the aeronautical authorities of the other Contracting Party that it is qualified to fulfil the conditions prescribed by the laws and regulations normally and reasonably applied by those authorities to the operation of international air services.
Subject to the provisions of the present Agreement, the designated airlines of each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following privileges:
to fly without landing across the territory of the other Contracting Party;
to make stops in the said territory for non-traffic purposes; and
to make stops in the said territory at the points specified for that route in the Schedule for the purposes of putting down and of taking on international traffic in passengers, cargo and mail.
Nothing in paragraph (1) of this Article shall be deemed to confer on the airlines of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
The charges which either of the Contracting Parties may impose, or permit to be imposed, on the designated airlines of the other Contracting Party for the use of airports and other facilities under its control shall be just and reasonable and not higher than would be paid for the use of such airports and facilities by any national airline of the first Contracting Party in providing similar international air services.
In respect of customs duties, inspection fees and similar national or local duties or charges on fuel, lubricating oils, spare parts, regular aircraft equipment and aircraft stores introduced into the territory of one Contracting Party or taken on board aircraft in that territory, by or on behalf of the designated airline or airlines of the other Contracting Party and intended solely for use by or in the aircraft of those airlines, the designated airlines of the second Contracting Party shall, subject to compliance with normal customs regulations, be accorded, in addition to the treatment prescribed in Article 24 of the Convention, treatment not less favourable than that granted by the first Contracting Party to the airlines of the most favoured nation or to its national airlines engaged in international air services. Neither Contracting Party shall, however, be obliged to grant to the designated airlines of the other Contracting Party exemption or remission of customs duties, inspection fees or similar national or local duties or charges, unless such other Contracting Party grants exemption or remission of the duties or charges in question to the designated airlines of the first Contracting Party.
Each Contracting Party reserves the right to withhold or revoke the privileges specified in paragraph (1) of Article 5 of the present Agreement in respect of an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise by the airline of those privileges, in any case where it is not satisfied that substantial ownership and effective control of such airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party.
Each Contracting Party reserves the right to suspend the exercise by a designated airline of the other Contracting Party of the privileges referred to in paragraph (1) above, or to impose such conditions as it may deem necessary on the exercise by the airline of those privileges, in any case where such airline fails to comply with such laws and regulations of the Contracting Party granting those privileges as referred to in Articles 11 and 13 of the Convention or otherwise fails to operate in accordance with the conditions prescribed in the present Agreement; provided that, unless immediate suspension or imposition of conditions is essential to prevent further infringements of such laws and regulations, this right shall be exercised only after consultation with the other Contracting Party.
There shall be fair and equal opportunity for the airlines of both Contracting Parties to establish and operate the agreed services between and beyond their respective territories.
In the operation by the designated airlines of either Contracting Party of the agreed services, the interests of the designated airlines of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes.
The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for such services.
The agreed services provided by a designated airline shall retain as their primary objective the provision at a reasonable load factor of capacity adequate to current and reasonably anticipated requirements for the carriage of passengers, cargo and mail originating from or destined for the territory of the Contracting Party which has designated the airline. Provision for the carriage of passengers, cargo and mail both taken up and put down at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
traffic requirements to and from the territory of the Contracting Party which has designated the airline;
the requirements of through airline operation; and
traffic requirements of the area through which the airline passes, after taking account of local and regional services.
The tariffs on any agreed service shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of 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.
Agreement on the tariffs shall, wherever possible, be reached by the designated airlines concerned through the rate-fixing machinery of the International Air Transport Association. When this is not possible, tariffs in respect of each of the specified routes 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.
If the designated airlines concerned cannot agree on the tariffs, or if the aeronautical authorities of either Contracting Party do not approve the tariffs submitted to them, in accordance with the provisions of paragraph (2) of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to reach agreement on the appropriate tariffs.
If the agreement under paragraph (3) of this Article cannot be reached, the dispute shall be settled in accordance with the provisions of Article 14 of the present Agreement.
No new tariff shall come into effect if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the terms of paragraph (3) of Article 14 of the present Agreement. Pending determination of the tariffs in accordance with the provisions of this Article, the tariffs already in force shall prevail.
The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at the latter's request such periodic or other statements of statistics as may be reasonably required for the purpose of surveying the capacity provided on the agreed services by the designated airlines of the first Contracting Party. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services.
There shall be regular and frequent consultation between the aeronautical authorities of the Contracting Parties to ensure close collaboration in all matters affecting the fulfilment of the present Agreement.
If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.
If the Contracting Parties fail to reach a settlement by negotiation, the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall designate an arbitrator within a period of sixty days from the date of receipt by either Contracting Party from the other Contracting Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty days. If either of the Contracting Parties fails to designate its own arbitrator within the period of sixty days or if the third arbitrator is not agreed upon within the period indicated, the President of the International Court of Justice may be requested by either Contracting Party to appoint an arbitrator or arbitrators.
Either Contracting Party may at any time request consultation with the other Contracting Party for the purpose of amending the present Agreement, such consultation to begin within a period of sixty days from the date of request. If the amendment relates only to the Schedule, the consultation shall be between the aeronautical authorities of both Contracting Parties. When these authorities agree on a new or revised Schedule, their recommendations on the matter will come into effect after they have been confirmed by an exchange of diplomatic notes.
If a general multilateral convention concerning air transport comes into force in respect of both Contracting Parties, the present Agreement shall be amended so as to conform with the provisions of such convention.
Either of the Contracting Parties may at any time notify the other of its intention to terminate the present Agreement. A copy of the notice shall be sent simultaneously to the International Civil Aviation Organization formed by the Convention. If such notice is given, the present Agreement shall terminate one year after the date of receipt by the other Contracting Party of the notice to terminate, unless by agreement between the Contracting Parties the notice under reference is withdrawn before the expiration of that period. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed to have been received fourteen days after receipt by the International Civil Aviation Organization of its copy.
The present Agreement and the diplomatic notes exchanged in accordance with Article 15 shall be registered with the International Civil Aviation Organization.
The present Agreement will be approved by each Contracting Party in accordance with its legal procedures and the Agreement shall enter into force upon an exchange of diplomatic notes indicating such approval.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Agreement.
DONE at The Hague, this seventeenth day of February 1953 in duplicate in the English language.
For the Kingdom of the Netherlands:
(sd.) J. W. BEYEN
(sd.) J. LUNS
For Japan:
(sd.) SUEMASA OKAMOTO
Routes to be served by the designated airline or airlines of Japan.
Points in Japan – Points on the Mainland of China and/or on the island of Formosa – Hong Kong or Manila – Points in Cambodia, Laos and/or Myanmar – Bangkok – Yangon – Points in Bangladesh – Points in India – Colombo – Points in Pakistan – Points in the Middle and Near East – Cairo – Athens – Rome – Geneva, Zurich or Madrid – Frankfurt am Main – Paris or Brussels – Two other intermediate points – Amsterdam – Points beyond, in both directions.
Points in Japan – Points in the Aleutians – Points in Alaska – Points in Canada – Points in Greenland – Points in Iceland – Points in Scandinavia – Points in England – Points in Germany – A point to be specified later – Milan – Amsterdam – Points beyond, in both directions.
Points in Japan – Five points other than points specified in this route to be specified later – Moscow – Points in Europe – Amsterdam – Points beyond, in both directions.
Tokyo – Four points in the United States of America – Amsterdam – Points in Europe – Moscow – Tokyo, in one direction only and in the order specified.
Osaka – Delhi – Dubai – Amsterdam – Anchorage – Osaka, in one direction only and in the order specified.
Points in Japan – Almaty and/or One point in Central Asia – Amsterdam – Points beyond, in both directions.
Points in Japan – Intermediate points – Points in the Netherlands – Points beyond, in both directions.
Points in Japan other than Tokyo – Points in the Netherlands, in both directions.
Notes:
On Route (a), the designated airline or airlines of Japan may use “Two other intermediate points” only for all-cargo services without exercising fifth freedom traffic rights.
On Route (d),
the designated airline or airlines of Japan may only operate all-cargo services without exercising fifth freedom traffic rights between “Four points in the United States of America” and Amsterdam; and
the designated airline or airlines of Japan may use Moscow only to make stops for non-traffic purposes.
On Route (e),
the designated airline or airlines of Japan may only operate all-cargo services; and
the designated airline or airlines of Japan may use Anchorage only to make stops for non-traffic purposes.
On Route (g), the designated airline or airlines of Japan may serve “Intermediate points” and/or “Points beyond” only for code sharing services as a marketing airline or marketing airlines.
The agreed services provided by the designated airline or airlines of Japan shall begin at a point in the territory of Japan, but other points on the route may at the option of the designated airline be omitted on any or all flights.
Routes to be served by the designated airline or airlines of the Kingdom of the Netherlands.
Amsterdam – Points in Europe – Points in the Middle and Near East – Points in Pakistan – Colombo – Points in India – Points in Bangladesh – Yangon – Bangkok – Manila – One point among Hong Kong, Nanjing or Tianjin – Tokyo – Nagoya – Points beyond, in both directions.
Amsterdam – Points in Iceland – Points in Greenland – Points in Alaska and the Aleutians – Sapporo – Tokyo – Nagoya – Osaka – Points beyond, in both directions.
Points in the Netherlands – Points in Europe – Moscow – Five points other than points specified in this route to be specified later – Sapporo – Tokyo – Nagoya – Osaka – Points beyond, in both directions.
Amsterdam – Points in Europe – Moscow – Tokyo – Four points in the United States of America – Amsterdam, in one direction only and in the order specified.
Amsterdam – Anchorage – Osaka – Delhi – Dubai – Amsterdam, in one direction only and in the order specified.
Amsterdam – Almaty and/or One point in Central Asia – Tokyo or Osaka – Points beyond, in both directions.
Points in the Netherlands – Intermediate points – Points in Japan – Points beyond, in both directions.
Points in the Netherlands – Points in Japan other than Tokyo, in both directions.
Notes:
On Route (a),
the designated airline or airlines of the Kingdom of the Netherlands may use “One point among Hong Kong, Nanjing or Tianjin” only for all-cargo services without exercising fifth freedom traffic rights; and
intermediate points other than “One point among Hong Kong, Nanjing or Tianjin” may not be served on the route involving Nagoya.
On Routes (b) and (c), no two points in Japan shall be served on the same flight other than Sapporo and Nagoya.
On Route (d),
the designated airline or airlines of the Kingdom of the Netherlands may only operate all-cargo services without exercising fifth freedom traffic rights between Tokyo and “Four points in the United States of America”; and
the designated airline or airlines of the Kingdom of the Netherlands may use Moscow only to make stops for non-traffic purposes.
On Route (e),
the designated airline or airlines of the Kingdom of the Netherlands may only operate all-cargo services; and
the designated airline or airlines of the Kingdom of the Netherlands may use Anchorage only to make stops for non-traffic purposes.
On Route (g), the designated airline or airlines of the Kingdom of the Netherlands may serve “Intermediate points” and/or “Points beyond” only for code sharing services as a marketing airline or marketing airlines.
The agreed services provided by the designated airline or airlines of the Kingdom of the Netherlands shall begin at a point in the territory of the Kingdom of the Netherlands, but other points on the route may at the option of the designated airline be omitted on any or all flights.
February 17, 1953
Messieurs les Ministres,
With reference to the Agreement between Japan and the Kingdom of the Netherlands for Air Services signed today, I have the honour to state that the following are the understandings of the Japanese Government:
While the Government of the Kingdom of the Netherlands recognise that for the time being administrative, legislative and jurisdictional authority in Okinawa is vested in the United States administration there under Article 3 of the Treaty of Peace with Japan, such recognition is without pjrejudice to any claim Japan may have to the residual sovereignty over Okinawa.
The Government of the Kingdom of the Netherlands understand that if Japan resumes the exercise of administrative, legislative and jurisdictional authority over Okinawa, the designated airlines of the Kingdom of the Netherlands would, from the date of such resumption, cease to exercise traffic rights at Okinawa; in which case the Government of Japan will enter without delay into negotiations with the Government of the Kingdom of the Netherlands in respect of such rights.
I have further the honour to request Your Excellencies to be good enough to confirm, on behalf of your Government, that these are also the understandings of the Government of the Kingdom of the Netherlands.
I avail myself of this opportunity, Messieurs les Ministres, to renew to Your Excellencies the assurance of my highest consideration.
(sd.) SUEMASA OKAMOTO
To Their Excellencies
Mr. J. W. Beyen,
Minister of Foreign Affairs
and
Mr. J. M. A. H. Luns,
Minister without Portfolio
The Hague
The Hague, February 17, 1953
Monsieur l'Ambassadeur,
We have the honour to acknowledge receipt of Your Excellency's Note of today's date reading as follows:
(zoals in No. I)
We have the honour to confirm on behalf of our Government that the same are also the understandings of the Government of the Kingdom of the Netherlands.
We avail ourselves of this opportunity, Monsieur l'Ambassadeur, to renew to Your Excellency the assurance of our highest consideration.
(sd.) J. LUNS
(sd.) J. W. BEYEN
His Excellency
Suemasa Okamoto
Ambassador extraordinary
and plenipotentiary
of Japan