Title: wetten.nl - Regeling - Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Democratische Socialistische Republiek Sri Lanka inzake luchtvaartdiensten tussen hun respectieve grondgebieden en verder - BWBV0005046

Source: https://wetten.overheid.nl/BWBV0005046/

Content:
{"title": "wetten.nl - Regeling - Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Democratische Socialistische Republiek Sri Lanka inzake luchtvaartdiensten tussen hun respectieve grondgebieden en verder - BWBV0005046", "content": "Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de\n                           Democratische Socialistische Republiek Sri Lanka inzake luchtvaartdiensten tussen\n                           hun respectieve grondgebieden en verder\n\n[Regeling vervallen per 01-01-2024]\n\nThe Government of the Kingdom of the Netherlands and the Government of Ceylon,\n\nBeing parties to the Convention on International Civil Aviation opened for signature\n                                       at Chicago on the 7th day of December, 1944, and\n\nDesiring to conclude an Agreement, supplementary to the said Convention, for the purpose\n                                       of establishing air services between and beyond Netherlands and Ceylonese territories,\n\nHave agreed as follows:\n\n[Regeling vervallen per 01-01-2024]\n\nFor the purpose of the present Agreement, unless the context otherwise requires:\n\n(a) the term \u201cthe Convention\u201d means the Convention on International Civil Aviation opened\n                                             for signature at Chicago on the 7th day of December, 1944, and includes any Annex\n                                             adopted under Article 90 of that Convention and any amendment of the Annexes or Convention\n                                             under Articles 90 or 94 thereof;\n\n(b) the term \u201caeronautical authorities\u201d means, in the case of the Netherlands, the Director\n                                             General of Civil Aviation and any person or body authorised to perform any functions\n                                             presently exercised by the said Director General or similar functions, and, in the\n                                             case of Ceylon, the Director of Civil Aviation and any person or body authorised to\n                                             perform any functions presently exercised by the said Director of Civil Aviation or\n                                             similar functions;\n\n(c) the term \u201cdesignated airline\u201d means an airline which the aeronautical authorities\n                                             of either Contracting Party shall have notified in writing to the aeronautical authorities\n                                             of the other Contracting Party as an airline designated by it in accordance with Article\n                                             2 of the present Agreement to operate air services on the routes specified in such\n                                             notification;\n\n(d) the term \u201cterritory\u201d in relation to a Contracting Party means the land areas and territorial\n                                             waters adjacent thereto under the sovereignty, suzerainty, protection or trusteeship\n                                             of that Contracting Party;\n\n(e) the term \u201cchange of gauge\u201d means the operation of one of the agreed services by a\n                                             designated airline in such a way that the section of the route nearer the terminal\n                                             in the territory of the Contracting Party designating the airline is flown by aircraft\n                                             different in capacity from those used on the more distant section; and\n\n(f) the terms \u201cair service\u201d, \u201cinternational air service\u201d, \u201cairline\u201d and \u201cstop for non-traffic\n                                             purposes\u201d have the meanings respectively assigned to them in Article 96 of the Convention.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) Each Contracting Party shall have the right to designate in writing to the other Contracting\n                                             Party one or more airlines for the purpose of operating by virtue of the present Agreement\n                                             air services on the routes specified in the appropriate section of the Schedule to\n                                             the present Agreement (hereinafter respectively referred to as the agreed services\n                                             and the specified routes). On receipt of the designation of an airline, that other\n                                             Contracting Party shall, subject to the provisions of paragraph (2) of this Article\n                                             and of Article 3 of the present Agreement, without delay grant to that airline the\n                                             appropriate operating authorisation.\n\n(2) Before granting the authorisation referred to in paragraph (1) of this Article, the\n                                             aeronautical authorities of one Contracting Party may require an airline designated\n                                             by the other Contracting Party to satisfy them that it is qualified to fulfil the\n                                             conditions prescribed under the laws and regulations which they normally apply in\n                                             conformity with the provisions of the Convention to the operation of commercial airlines.\n\n(3) At any time after the provisions of paragraph (1) of this Article have been complied\n                                             with, an airline so designated and authorised may begin to operate the agreed services.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) Each Contracting Party shall have the right to refuse to accept the designation of\n                                             an airline and to withhold or revoke the grant to an airline of the rights specified\n                                             in the present Agreement or to impose such conditions as it may deem necessary on\n                                             the exercise by an airline of those rights in any case where it is not satisfied that\n                                             substantial ownership and effective control of that airline are vested in the Contracting\n                                             Party designating the airline or in nationals of the Contracting Party designating\n                                             the airline.\n\n(2) Each Contracting Party shall have the right, after consultation with the other Contracting\n                                             Party, to suspend the exercise by an airline of the rights specified in the present\n                                             Agreement or to impose such conditions as it may deem necessary on the exercise by\n                                             an airline of those rights in any case where the airline fails to comply with the\n                                             laws or regulations of the Contracting Party granting those rights or otherwise fails\n                                             to operate in accordance with the conditions prescribed in the present Agreement.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) Subject to the provisions of the present Agreement, a designated airline of one Contracting\n                                             Party shall enjoy, while operating the agreed services on a specified route, the rights\n                                             (a) to fly its aircraft across the territory of the other Contracting Party, (b) to make stops in the said territory for non-traffic purposes, and (c) to make stops in the said territory at the points specified for that route in the\n                                             Schedule to the present Agreement for the purpose of putting down and taking on international\n                                             traffic in passengers, cargo and mail coming from or destined for other points so\n                                             specified.\n\n(2) Paragraph (1) of this Article shall not be deemed to confer on the airlines of one\n                                             Contracting Party the right to take up, in the territory of the other Contracting\n                                             Party, passengers, cargo or mail carried for remuneration or hire and destined for\n                                             another point in the territory of that other Contracting Party.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) There shall be fair and equal opportunity for the designated airlines of both Contracting\n                                             Parties to operate the agreed services on the specified routes between their respective\n                                             territories.\n\n(2) In operating the agreed services, the designated airlines of each Contracting Party\n                                             shall take into account the interests of the airlines of the other Contracting Party\n                                             so as not to affect unduly the services which the latter provide on the whole or part\n                                             of the same routes.\n\n(3) The agreed services provided by the designated airlines of the Contracting Parties\n                                             shall bear a close relationship to the requirements of the public for transportation\n                                             on the specified routes and shall have as their primary objective the provision, at\n                                             a reasonable load factor, of capacity required for the carriage of passengers, cargo\n                                             and mail destined for or coming from the territory of the Contracting Party designating\n                                             the airline. A designated airline of one Contracting Party may provide for the carriage\n                                             of traffic between the territory of the other Contracting Party and third countries\n                                             on condition that capacity is related to:\n\n(a) the requirements of traffic destined for or coming from the territory of the former\n                                                   Contracting Party;\n\n(b) the traffic requirements of the area through which the airline passes, after account\n                                                   has been taken of other air services provided by airlines of the States comprising\n                                                   the area; and\n\n(c) the requirements of through airline operation.\n\n(4) There shall be frequent and close collaboration between the aeronautical authorities\n                                             of the Contracting Parties for the purpose of ensuring the observation of the principles\n                                             and the implementation of the provisions of the present Agreement.\n\n[Regeling vervallen per 01-01-2024]\n\nA designated airline of one Contracting Party may make a change of gauge at a point\n                                       in the territory of the other Contracting Party only on the following conditions:\n\n(i) that it is justified by reason of economy of operation;\n\n(ii) that the aircraft used on the section more distant from the terminal in the territory\n                                             of the former Contracting Party are smaller in capacity than those used on the nearer\n                                             section;\n\n(iii) that the aircraft of smaller capacity shall operate only in connection with the aircraft\n                                             of larger capacity and shall arrive at the point of change for the purpose of carrying\n                                             traffic transferred from, or to be transferred into, the aircraft of larger capacity;\n                                             and their capacity shall be determined with primary reference to this purpose;\n\n(iv) that there is an adequate volume of through traffic; and\n\n(v) that the provisions of Article 5 of the present Agreement shall govern all arrangements\n                                             made with regard to change of gauge.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) Each designated airline shall submit for approval to the aeronautical authorities\n                                             of the Contracting Parties the tariffs that it proposes to charge, in respect of the\n                                             agreed services, for the carriage of international traffic to or from the territory\n                                             of either Contracting Party. Such tariffs shall where possible be agreed with the\n                                             other designated airlines concerned and with any other airlines operating over the\n                                             whole or part of the route in question, consultation being effected through the rate-fixing\n                                             machinery of the International Air Transport Association.\n\n(2) If the aeronautical authorities of either Contracting Party do not approve a tariff\n                                             submitted to them in accordance with paragraph (1) of this Article, the aeronautical\n                                             authorities of both Contracting Parties shall endeavour to fix the appropriate tariff\n                                             by agreement between themselves.\n\n(3) If the said authorities should fail to agree on any tariff, the Contracting Parties\n                                             themselves shall endeavour to resolve the dispute. If the Contracting Parties should\n                                             fail to agree, the matter shall be referred for decision as provided in Article 11\n                                             of the present Agreement.\n\n(4) If the aeronautical authorities of either Contracting Party inform the aeronautical\n                                             authorities of the other Contracting Party in writing that they formally disapprove\n                                             any tariff submitted to them in accordance with paragraph (1) of this Article, that\n                                             tariff shall not go into effect until it has been approved by the auronautical authorities\n                                             of both Contracting Parties or by the Contracting Parties themselves, as the case\n                                             may be.\n\n(5) Pending the fixing of tariffs in accordance with the provisions of this Article, the\n                                             tariffs already in force shall be charged.\n\n(6) The tariffs referred to in paragraph (1) of this Article shall be fixed at reasonable\n                                             levels, due regard being paid to all relevant factors, including economical operation,\n                                             reasonable profit, difference of characteristics of service (including standards of\n                                             speed and accommodation) and the tariffs charged by other airlines on any part of\n                                             the route.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) To the extent to which they are applicable to the air services established under the\n                                             present Agreement, Articles 9, 11, 13, 15, 24, 31, 32 and 33 of the Convention shall\n                                             remain in force in their present form between the Contracting Parties for the duration\n                                             of the Agreement, as if they were an integral part of the Agreement, unless both Contracting\n                                             Parties ratify any amendment to these Articles which shall have come into force in\n                                             accordance with Article 94 of the Convention, in which case the Article as amended\n                                             shall remain in force for the duration of the present agreement.\n\n(2) Fuel, lubricating oils, spare parts, regular aircraft equipment and aircraft stores\n                                             introduced into the territory of one Contracting Party, or taken on board aircraft\n                                             in that territory, by or on behalf of the other Contracting Party or its designated\n                                             airline or airlines and intended solely for use by or in the aircraft of those airlines\n                                             shall be accorded the following treatment by the first Contracting Party in respect\n                                             of customs duties, inspection fees and other similar national or local duties and\n                                             charges:\n\n(a) in the case of fuel and lubricating oils remaining on board aircraft at the last airport\n                                                   of call before departure from the said territory, exemption; and\n\n(b) in the case of fuel and lubricating oils not included under (a) and spare parts, regular aircraft equipment and aircraft stores, treatment not less\n                                                   favourable than that accorded to similar supplies introduced into the said territory,\n                                                   or taken on board aircraft in that territory, and intended for use by or in the aircraft\n                                                   of a national airline of first Contracting Party, or of the most favoured foreign\n                                                   airline, engaged in international air services.\n\nThis treatment shall be in addition to and without prejudice to that which each Contracting\n                                             Party is under obligation to accord under Article 24 of the Convention.\n\n[Regeling vervallen per 01-01-2024]\n\nIf either of the Contracting Parties wishes to discuss with the other Contracting\n                                       Party any matter relating to the present Agreement, it may request consultation between\n                                       the aeronautical authorities of the two Contracting Parties, and such consultation\n                                       shall begin within sixty days of the date of receipt by the other Contracting Party\n                                       of the request. If such consultation results in agreement between the said authorities\n                                       on any modification to the terms of the present Agreement, such modification shall\n                                       come into effect when it has been confirmed by an exchange of Notes through the diplomatic\n                                       channel stating, moreover, that the formalities required by the National Legislation\n                                       of each Contracting Party have been accomplished.\n\n[Regeling vervallen per 01-01-2024]\n\nIf a general multilateral convention on traffic rights for scheduled international\n                                       air services comes into force in respect of both Contracting Parties, the present\n                                       Agreement shall be amended so as to conform with the provisions of such convention.\n\n[Regeling vervallen per 01-01-2024]\n\n(1) If any dispute arises between the Contracting Parties relating to the interpretation\n                                             or application of the present Agreement, the Contracting Parties shall in the first\n                                             place endeavour to settle it by negotiation between themselves.\n\n(2) If the Contracting Parties fail to reach a settlement by negotiation, they must refer\n                                             the dispute for decision to an arbitral tribunal set up by agreement between them\n                                             or to the International Court of Justice.\n\n(3) The Contracting Parties undertake to comply with any decision given by said Arbitral\n                                             Tribunal or by the International Court of Justice.\n\n(4) If and so long as either Contracting Party or a designated airline of either Contracting\n                                             Party fails to comply with a decision given under paragraph (2) of this Article, the\n                                             other Contracting Party may limit, withhold or revoke any rights which it has granted\n                                             by virtue of the present Agreement to the Contracting Party in default or to the designated\n                                             airline or airlines of the Contracting Party in default or to the designated airline\n                                             in default.\n\n[Regeling vervallen per 01-01-2024]\n\nThe present Agreement shall be registered with the Council of the International Civil\n                                       Aviation Organisation.\n\n[Regeling vervallen per 01-01-2024]\n\nThe present Agreement shall terminate one year after the date of receipt by one Contracting\n                                       Party from the other Contracting Party of notice to terminate, unless the notice is\n                                       withdrawn by agreement before the expiry of this period. Such notice shall be simultaneously\n                                       communicated to the Council of the International Civil Aviation Organisation. In the\n                                       absence of acknowledgment of receipt, notice shall be deemed to have been received\n                                       fourteen days after receipt of the notice by the Council of the International Civil\n                                       Aviation Organisation.\n\n[Regeling vervallen per 01-01-2024]\n\nThe present Agreement shall be provisionally applicable from the date of its signature\n                                       and shall come into force on a date to be laid down in an exchange of notes stating\n                                       that the formalities required by the national legislation of each Contracting Party\n                                       have been accomplished.\n\nIn witness whereof the undersigned plenipotentiaries, being duly authorised thereto\n                                    by their respective Governments, have signed the present Agreement and have affixed\n                                    thereto their seals.\n\nDone this fourteenth day of September 1953 in duplicate at Colombo in the English\n                                    language.\n\n(sd.) D. M. DE SMIT\n\nFor the Government of the Kingdom of the Netherlands.\n\n(sd.) P. NADESAN\n\nFor the Government of Ceylon.\n\n[Regeling vervallen per 01-01-2024]\n\n1.\n\na) Route to be served by the designated airline or airlines of the Democratic Socialist\n                                                   Republic of Sri Lanka\n\nColombo \u2013 Dubai \u2013 Abu Dhabi \u2013 Athens \u2013 Vienna \u2013 Zurich \u2013 1 point to be nominated \u2013\n                                                   Amsterdam \u2013 Copenhagen \u2013 New York \u2013 Toronto \u2013 Los Angeles \u2013 3 points to be nominated;\n\nb) Route to be served by the designated airline or airlines of the Kingdom of the Netherlands\n\nAmsterdam \u2013 Vienna \u2013 Athens \u2013 Dubai \u2013 Abu Dhabi \u2013 Karachi \u2013 1 point to be nominated\n                                                   \u2013 Colombo \u2013 Kuala Lumpur \u2013 Penang \u2013 Male \u2013 Jakarta \u2013 Perth \u2013 Sydney \u2013 Melbourne.\n\n2.  Points on each route may, at the option of the designated airline concerned, be omitted\n                                             on any or all flights.\n\n3.  After a point to be nominated has been so nominated, such point shall be considered\n                                             as being a point specified in the route schedule and cannot be changed unilaterally.\n\n4.  The designated airlines shall have the right to serve intermediate points other than\n                                             those specified in paragraph 1(a) or 1(b) of this Schedule, as applicable, provided\n                                             that no traffic rights are exercised between such points and the point in the territory\n                                             of the other Contracting Party, unless otherwise agreed.\n\n5. Points on the specified routes may be served in any order.\n\n6.  The intermediate point to be nominated under paragraph 1(a) of this Schedule shall\n                                             not be located in the Gulf Area, Saudi Arabia or Kuwait, unless otherwise agreed between\n                                             the Aeronautical Authorities of both Contracting Parties.\n\n7.  The intermediate point to be nominated under paragraph 1(b) of this Schedule shall\n                                             not be located in the Gulf Area, Saudi Arabia, Kuwait, Switzerland or the Federal\n                                             Republic of Germany, unless otherwise agreed between the Aeronautical Authorities\n                                             of both Contracting Parties.\n\n8.  So long as the designated airline or airlines of the Democratic Socialist Republic\n                                             of Sri Lanka do not exercise traffic rights under the terms of the present Agreement\n                                             beyond Amsterdam, the rights of the designated airline or airlines of the Kingdom\n                                             of the Netherlands for the carriage of passengers shall be subject to the following\n                                             restriction:\n\nFifth freedom traffic rights on the Colombo \u2013 Male v.v. sectors shall be limited to\n                                             own stopover passenger traffic at Colombo and at Male.\n\nThe restriction shall thus no longer apply at the time the designated airline or airlines\n                                             of the Democratic Socialist Republic of Sri Lanka start to exercise their rights under\n                                             the terms of the present Agreement beyond Amsterdam.\n\n9.  Designated airlines of neither Contracting Party shall have the right to serve both\n                                             Dubai and Abu Dhabi on any one flight under the present Agreement."}