Title: wetten.nl - Regeling - Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Republiek Zambia - BWBV0005857

Source: https://wetten.overheid.nl/BWBV0005857/

Content:
{"title": "wetten.nl - Regeling - Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Republiek Zambia - BWBV0005857", "content": "Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Republiek\n                           Zambia\n\nPreamble\n\nThe Kingdom of the Netherlands\n\nand\n\nthe Republic of Zambia, hereinafter referred to as the Contracting Parties;\n\nBeing parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;\n\nDesiring to contribute to the progress of international aviation;\n\nDesiring to guarantee the highest level of safety and security in international air\n                                       transport;\n\nDesiring to conclude an Agreement between the Republic of Zambia and the Kingdom of\n                                       the Netherlands for Air Services between and beyond their respective territories;\n\nHave agreed as follows:\n\n1 For the purpose of this Agreement:\n\na) the term \u201cAeronautical Authorities\u201d means: for the Kingdom of the Netherlands, the\n                                                      Minister of Infrastructure and the Environment; for the Republic of Zambia, the Minister\n                                                      of Transport, Works, Supply and Communications, or in either case any person or body\n                                                      authorized to perform any functions at present exercised by the said Authorities;\n\nb) the terms \u201cAgreed Service\u201d and \u201cSpecified Route\u201d mean: International Air Service pursuant\n                                                      to this Agreement and the route specified in the Annex to this Agreement respectively;\n\nc) the term \u201cAgreement\u201d means: this Agreement, its Annex drawn up in application thereof, as well as any amendment to the Agreement or the\n                                                      Annex;\n\nd) the terms \u201cAir Service\u201d, \u201cInternational Air Service\u201d, \u201cAirline\u201d shall have the meaning\n                                                      respectively assigned to them in Article 96 of the Convention;\n\ne) the term \u201cChange of Aircraft\u201d means: the operation of one of the Agreed Services by\n                                                      a Designated Airline in such a way that one or more sectors of the Specified Route\n                                                      are flown by different aircraft;\n\nf) the term \u201cthe Convention\u201d means: the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted\n                                                      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\n                                                      ratified by both Contracting Parties;\n\ng) the term \u201cDesignated Airline\u201d means: the Airline which has been designated and authorized\n                                                      in accordance with Article 3 of this Agreement (Designation and Authorization);\n\nh) the term \u201cStores\u201d, means: articles of a readily consumable nature for use or sale\n                                                      on board an aircraft during flight including commissary supplies;\n\ni) the term \u201cBonded Stores\u201d means: Stores that are temporarily kept under customs custody;\n\nj) the term \u201cPrice\u201d means: any amount, excluding governmental levies, charged or to be\n                                                      charged by the Airline, directly or through their agents, to any person or entity\n                                                      for the carriage of passengers (and their baggage) and cargo (excluding mail) in air\n                                                      transportation, including:\n\n(I) the conditions governing the availability and applicability of a Price; and\n\n(II) the charges and conditions for any services ancillary to such carriage which are offered\n                                                            by the Airline;\n\nk) the term \u201cTerritory\u201d in relation to either Contracting Party shall be deemed to be\n                                                      the land areas and territorial waters adjacent thereto under the sovereignty, protection\n                                                      or mandate of the Contracting Party;\n\nl) the term \u201cUser Charge\u201d means: a charge imposed on Airlines for the provision of airport,\n                                                      air navigation, or aviation security facilities or services including related services\n                                                      and facilities;\n\nm) the term \u201cCapacity\u201d means: the combination of frequency per week and (the configuration\n                                                      of) the type of aircraft used on the route offered to the public by the Designated\n                                                      Airline(s);\n\nn) the term \u201cEU Member state\u201d means: a state that is now or in the future a contracting\n                                                      party to the Treaty on the European Union and the Treaty on the functioning of the European Union;\n\n1 Each Contracting Party grants to the other Contracting Party, except as otherwise\n                                                specified in the Annex, the following rights for the conduct of international air transportation by the\n                                                Designated Airline(s) of the other Contracting Party:\n\na) the right to fly across its Territory without landing;\n\nb) the right to make stops in its Territory for non-commercial traffic purposes; and\n\nc) while operating an Agreed Service on a Specified Route, the right to make stops in\n                                                      its Territory for the purposes of taking up and discharging international traffic\n                                                      in passengers, baggage, cargo and mail, separately or in combination.\n\nd) the right for one Contracting Party\u2019s Airline(s) to participate in air transportation\n                                                      on a non-discriminatory basis between points in the Territory of the other Contracting\n                                                      Party (cabotage).\n\n1 Either Contracting Party shall have the right, by written notification through diplomatic\n                                                channels to the other Contracting Party, to designate one or more Airlines to operate\n                                                International Air Services on the routes specified in the Annex and to substitute another Airline for an Airline previously designated.\n\n2 On receipt of such a notification, each Contracting Party shall, without delay, grant\n                                                to the Airline(s) so designated by the other Contracting Party the appropriate operating\n                                                authorizations subject to the provisions of this Article, unless it is not satisfied\n                                                that:\n\na) in the case of the airline(s) designated by the Kingdom of the Netherlands:\n\n(i) it is established in the Territory of the Kingdom of the Netherlands under the European\n                                                            Union Treaties and has a valid operating licence in accordance with European Union\n                                                            law, or\n\n(ii) effective regulatory control of the Airline is exercised and maintained by the EU\n                                                            Member State responsible for issuing its Air Operator\u2019s Certificate and the relevant\n                                                            Aeronautical Authority is clearly identified in the designation, or\n\n(iii) the Airline is owned, directly or through majority ownership, and is effectively controlled\n                                                            by Member States of the European Union or the European Free Trade Association and/or\n                                                            by nationals of such States;\n\nb) in the case an Airline is designated by the Republic of Zambia:\n\n(i) it is established in the Territory of the Republic of Zambia and has a valid Operating\n                                                            Licence in accordance with applicable law of the Republic of Zambia, or\n\n(ii) effective regulatory control of the Airline is exercised and maintained by the Republic\n                                                            of Zambia, or\n\n(iii) the Airline is owned, directly or through majority ownership, and it is effectively\n                                                            controlled by the Republic of Zambia and/or by nationals of the Republic of Zambia;\n\nand that:\n\nc) the Government designating the Airline is maintaining and administering the standards\n                                                      set forth in Article 15 (Safety) and Article 16 (Aviation Security);\n\nd) the Designated Airline is qualified to meet the conditions prescribed under the laws\n                                                      and regulations normally applied to the operations of international air transportation\n                                                      by the Contracting Party considering the application or applications.\n\n3 Upon receipt of the operating authorization of paragraph 2 of this Article, the Designated\n                                                Airline(s) may at any time begin to operate the Agreed Services, in part or in whole,\n                                                provided that it complies with the provisions of this Agreement.\n\n1 Each Contracting Party shall have the right to withhold, revoke, suspend or limit\n                                                the operating authorizations of an Airline designated by the other Contracting Party:\n\na) in the case airline(s) designated by the Kingdom of the Netherlands:\n\n(i) it is not established in the Territory of the Kingdom of the Netherlands under European\n                                                            Union Treaties or does not have a valid operating licence in accordance with European\n                                                            Union law, or\n\n(ii) effective regulatory control of the Airline is not exercised or not maintained by\n                                                            the EU Member State responsible for issuing its Air Operator\u2019s Certificate or the\n                                                            relevant Aeronautical Authority is not clearly identified in the designation, or\n\n(iii) the Airline is not owned, directly or through majority ownership, or is not effectively\n                                                            controlled by Member States of the European Union or the European Free Trade Association\n                                                            and/or by nationals of such States;\n\nb) in the case an Airline is designated by the Republic of Zambia:\n\n(i) it is not established in the Territory of the Republic of Zambia or has no valid operating\n                                                            licence in according with applicable law of the Republic of Zambia, or\n\n(ii) effective regulatory control of the airline is not exercised or not maintained by\n                                                            the Republic of Zambia, or\n\n(iii) the Airline is not owned, directly or through majority ownership, or is not effectively\n                                                            controlled by the Republic of Zambia and/or by nationals of the Republic of Zambia;\n\nc) in case the Airline has failed to comply with the laws and regulations referred to\n                                                      in Article 13 (Application of Laws, Regulations and Procedures) of this Agreement;\n\nd) in case the other Contracting Party is not maintaining and administering the standards\n                                                      set forth in Article 15 (Safety);\n\ne) in the event of failure by such Airline to qualify before the Aeronautical Authorities\n                                                      of the Contracting Party assessing the authorization, under the laws and regulations\n                                                      normally and reasonably applied to the operation of International Air Services by\n                                                      these Authorities in conformity with the Convention;\n\nf) in case the Airline otherwise fails to operate in accordance with the conditions prescribed\n                                                      under this Agreement.\n\n2 Unless immediate action is essential to prevent further non-compliance with paragraph\n                                                1 of this Article, the rights established by this Article shall be exercised only\n                                                after consultation with the other Contracting Party. Unless otherwise agreed by the\n                                                Contracting Parties, such consultations shall begin within a period of sixty (60)\n                                                days from the date of receipt of the request.\n\n3 This Article does not limit the rights of either Contracting Party to withhold, revoke,\n                                                limit or impose conditions on the operating authorization of an Airline or Airlines\n                                                of the other Contracting Party in accordance with the provisions of Article 16 (Aviation Security).\n\n1 Each Contracting Party shall allow Prices for air transportation to be established\n                                                by each Designated Airline based upon commercial considerations in the marketplace.\n                                                Intervention by the Contracting Parties shall be limited to:\n\na) prevention of unreasonably discriminatory Prices or practices;\n\nb) protection of consumers from Prices that are unreasonably high or restrictive due\n                                                      to the abuse of a dominant position; and\n\nc) protection of Airlines from Prices that are artificially low due to direct or indirect\n                                                      governmental subsidy or support.\n\n2 Neither Contracting Party shall require notification or filing of any Price to be\n                                                charged by the designated Airline or Airlines of the other Contracting Party. Prices\n                                                may remain in effect unless subsequently disapproved under paragraph 3 below.\n\n3 Neither Contracting Party shall take unilateral action to prevent the inauguration\n                                                or continuation of a Price charged or proposed to be charged by (a) an Airline of\n                                                either Contracting Party for international air transportation between the territories\n                                                of the Contracting Parties, or (b) an Airline of one Contracting Party for international\n                                                air transportation between the Territory of the other Contracting Party and any other\n                                                country.\n\nIf either Contracting Party considers any such Price inconsistent with the considerations\n                                                set forth in paragraph (1) of this Article, it shall request consultations and notify\n                                                the other Contracting Party of the reasons for its dissatisfaction as soon as possible.\n                                                These consultations shall be held not later than thirty (30) days after receipt of\n                                                the request, and the Contracting Parties shall co-operate in securing information\n                                                necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement\n                                                with respect to a Price for which a notice of dissatisfaction has been given, each\n                                                Contracting Party shall use its best efforts to put that agreement into effect. Without\n                                                such mutual agreement, the new Price shall not take effect nor continue to be in effect.\n\n1 The Designated Airline(s) of each Contracting Party shall be allowed:\n\na) to establish in the Territory of the other Contracting Party offices for the promotion\n                                                      and sale of air transportation and ancillary or supplemental services (including the\n                                                      right to sell and to issue any ticket and/or airway bill, both its own tickets and/or\n                                                      airway bills and of any other Airline) as well as other facilities required for the\n                                                      provision of air transportation;\n\nb) in the Territory of the other Contracting Party to engage directly and, at its discretion,\n                                                      through its agents, and/ or other Airlines in the sale of air transportation and ancillary\n                                                      or supplemental services;\n\nc) to sell such transportation and ancillary or supplemental services and any person\n                                                      shall be free to purchase such transportation or services in any currency.\n\n2 The Designated Airline(s) of each Contracting Party shall be allowed to bring in and\n                                                maintain in the Territory of the other Contracting Party its managerial, commercial,\n                                                operational and technical staff as it may require in connection with the provision\n                                                of air transportation and ancillary or supplemental services.\n\n3 These staff requirements may, at the option of the Designated Airline, be satisfied\n                                                by its own personnel or by using the services of any other organization, company or\n                                                Airline operating in the Territory of the other Contracting Party, authorized to perform\n                                                such services in the Territory of that Contracting Party.\n\n4 Each Designated Airline shall have the right to perform its own ground handling (\u201cself\n                                                handling\u201d) in the Territory of the other Contracting Party, or, at its option, the\n                                                right to select among competing suppliers that provide ground handling services in\n                                                whole or in part. This right may be subject only to restrictions justified by specific\n                                                constraints of available space or capacity. Each designated airline shall be treated\n                                                on a non-discriminatory basis as regards their access to self-handling and ground\n                                                handling services provided by a supplier or suppliers. Ground handling activities\n                                                shall be carried out in accordance with the laws and regulations of each Contracting\n                                                Party, including, in the case of the Netherlands, European Union law.\n\n5 In operating or holding out the Air Services on the Specified Routes, each Designated\n                                                Airline of a Contracting Party may enter into commercial and/or cooperative marketing\n                                                arrangements under the following conditions:\n\na) the commercial and/or cooperative marketing arrangements may include, but shall not\n                                                      be limited to blocked-space, code-sharing and leasing arrangements, with:\n\n(i) the Designated Airline(s) of the same Contracting Party;\n\n(ii) the Designated Airline(s) of the other Contracting Party, including domestic code\n                                                            share;\n\n(iii) the Designated Airline(s) of a third country;\n\n(iv) a cargo surface transportation provider of any country.\n\nb) the operating Airline(s) involved in the co-operative marketing arrangements shall\n                                                      hold the underlying traffic rights including the route rights and the Capacity entitlements\n                                                      and meet the requirements normally applied to such arrangements;\n\nc) all marketing Airlines involved in the co-operating arrangements shall hold the underlying\n                                                      route rights and meet the requirements normally applied to such arrangements;\n\nd) the total Capacity operated by the Air Services performed under such arrangements\n                                                      shall be counted only against the Capacity entitlement of the Contracting Party designating\n                                                      the operating Airline(s). The Capacity offered by the marketing Airline(s) on such\n                                                      services shall not be counted against the Capacity entitlement of the Contracting\n                                                      Party designating that Airline;\n\ne) when holding out services for sale under such arrangements, the Airline concerned\n                                                      or its agent shall make it clear to the purchaser at the point of sale as to which\n                                                      Airline shall be the operating Airline on each sector of the service and with which\n                                                      Airline(s) the purchaser is entering into a contractual relationship.\n\nf) these provisions shall be applicable to passenger, combination and all-cargo services.\n\n6 Notwithstanding any other provision of this Agreement, the Designated Airline(s) and\n                                                indirect providers of air transportation of either of the Contracting Parties shall\n                                                be permitted, without restriction, to employ in connection with international air\n                                                transportation any surface transportation for passengers, baggage, cargo and mail\n                                                to or from any points in the Territory of either of the Contracting Parties or in\n                                                third countries, including transport to and from all airports with customs facilities,\n                                                and including, where applicable, the right to transport cargo and mail in bond under\n                                                applicable laws and regulations. Such passengers, baggage, cargo and mail, whether\n                                                moving by surface or by air, shall have access to airport customs processing and facilities.\n                                                The Designated Airline(s) may elect to perform their own surface transportation or\n                                                to provide it through arrangements with other surface Airlines, including surface\n                                                transportation operated by other Airlines and indirect providers of air cargo transportation.\n                                                Such intermodal services may be offered at a single, through Price for the air and\n                                                surface transportation combined, provided that passengers and shippers are not misled\n                                                as to the facts concerning such transportation.\n\n7 The activities mentioned in this Article shall be carried out in accordance with the\n                                                laws and regulations of the other Contracting Party. In case of the European part\n                                                of the Netherlands this includes applicable European Union law.\n\n1 On any segment or segments of the Specified Routes, a Designated Airline may perform\n                                                international air transportation without any limitation as to change at any point\n                                                on the Specified Route, in type or number of aircraft operated, provided that in the\n                                                outbound direction the transportation beyond such point is a continuation of the transportation\n                                                from the Territory of the Contracting Party that has designated the Airline and, in\n                                                the inbound direction, the transportation to the Territory of the Contracting Party\n                                                that has designated the Airline is a continuation of the transportation from beyond\n                                                such point.\n\n2 For the purpose of Change of Aircraft operations, a Designated Airline may use its\n                                                own equipment and, subject to national regulations, leased equipment, and may operate\n                                                under commercial and/or cooperative marketing arrangements with other Airlines.\n\n3 A Designated Airline may use different or identical flight numbers for the sectors\n                                                of its Change of Aircraft operations.\n\n1 Each Contracting Party shall allow a fair and equal opportunity for each Designated\n                                                Airline to compete in providing the international air transportation governed by this\n                                                Agreement.\n\n2 Each Contracting Party shall take all appropriate action within its jurisdiction to\n                                                eliminate all forms of discrimination or unfair competitive practices adversely affecting\n                                                the competitive position of a Designated Airline of the other Contracting Party.\n\n3 Each Contracting Party shall allow each Designated Airline to determine the frequency\n                                                and Capacity of the international air transportation it offers based upon commercial\n                                                considerations in the marketplace. Consistent with this right, neither Contracting\n                                                Party shall unilaterally limit the volume of traffic, frequency nor regularity of\n                                                service or the aircraft type operated by the Designated Airline(s) of the other Contracting\n                                                Party, except as may be required for customs, technical, operational, or environmental\n                                                reasons under uniform conditions consistent with Article 15 of the Convention.\n\n4 Neither Party shall impose on the other Party\u2019s Designated Airline(s) a first-refusal\n                                                requirement, uplift ratio, no-objection fee, or any other requirement with respect\n                                                to Capacity, frequency or traffic that would be inconsistent with the purposes of\n                                                this Agreement.\n\n1 Aircraft operating on International Air Services by the Designated Airline(s) of either\n                                                Contracting Party, as well as their regular equipment, spare parts, supplies of fuels\n                                                and lubricants, Stores as well as advertising and promotional material kept on board\n                                                such aircraft shall, on the basis of reciprocity, be exempt from all customs duties,\n                                                inspection fees and similar national or local duties and charges, on arrival in the\n                                                Territory of the Contracting Party, provided such equipment and supplies remain on\n                                                board the aircraft up to such time as they are re-exported.\n\n2 With regard to regular equipment, spare parts, supplies of fuels and lubricants and\n                                                Stores introduced into the Territory of one Contracting Party by or on behalf of a\n                                                Designated Airline of the other Contracting Party or taken on board the aircraft operated\n                                                by such Designated Airline and intended solely for use on board that aircraft while\n                                                operating International Air Services, no duties and charges, including customs duties\n                                                and inspection fees imposed in the Territory of the first Contracting Party, shall\n                                                be applied, even when these supplies are to be used on the parts of the journey performed\n                                                over the Territory of the Contracting Party in which they are taken on board. The\n                                                Articles referred to above may be required to be kept under customs supervision and\n                                                control. The provisions of this paragraph cannot be interpreted in such a way that\n                                                a Contracting Party can be made subject to the obligation to refund customs duties\n                                                which already have been levied on the items referred to above.\n\n3 Regular airborne equipment, spare parts, supplies of fuels and lubricants and Stores\n                                                retained on board the aircraft of either Contracting Party may be unloaded in the\n                                                Territory of the other Contracting Party only with the approval of the customs authorities\n                                                of that Contracting Party, who may require that these materials be placed under their\n                                                supervision up to such time as they are re-exported or otherwise disposed of in accordance\n                                                with customs regulations.\n\n4 Baggage, cargo and mail in transit shall be exempt from customs duties and other similar\n                                                taxes.\n\n5 The exemptions provided by this Article shall also be available where a Designated\n                                                Airline(s) of one Contracting Party has contracted with another Airline, which similarly\n                                                enjoys such exemptions from the other Contracting Party, for the loan or transfer\n                                                in the Territory of the other Contracting Party of the items specified in paragraphs\n                                                1, 2 and 3 of this Article.\n\n6 Nothing in this Agreement shall prevent the Kingdom of the Netherlands from imposing,\n                                                on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied\n                                                in the Territory of the European part of the Netherlands for use in an aircraft of\n                                                a Designated Airline of the Republic of Zambia that operates between a point in the\n                                                Territory of the European part of the Netherlands and the Territory of another European\n                                                Union Member State.\n\n1 User Charges that may be imposed and or controlled by the competent charging authorities\n                                                or bodies of each Contracting Party on the Airline(s) of the other Contracting Party\n                                                shall be just, reasonable, not unjustly discriminatory, and equitably appointed among\n                                                categories of users. In any event, any such Users Charges shall be assessed on the\n                                                Airlines of the other Contracting Party on terms not less favourable than the most\n                                                favourable terms available to any other Airline at the time the charges are assessed.\n\n2 User Charges imposed on the Airline(s) of the other Contracting Party may reflect,\n                                                but shall not exceed, the full cost to the competent charging authorities or bodies\n                                                of providing the appropriate airport, airport environmental, air navigation, and aviation\n                                                security facilities and services at the airport or within the airport system. Such\n                                                full cost may include a reasonable return on assets, after depreciation. Facilities\n                                                and services for which charges are made shall be provided on an efficient and economic\n                                                basis.\n\n3 Each Contracting Party shall encourage consultations between the competent charging\n                                                authorities or bodies in its Territory and the Airline(s) using the services and facilities,\n                                                and shall encourage the competent charging authorities or bodies and the Airline(s)\n                                                to exchange such information as may be necessary to permit an accurate review of the\n                                                reasonableness of the charges in accordance with the principles of paragraphs (1)\n                                                and (2) of this Article. Each Contracting Party shall encourage the competent charging\n                                                authorities to provide users with reasonable notice of any proposal for charges to\n                                                enable users to express their views before changes are made.\n\n4 Neither Contracting Party shall be held to be in breach of a provision of this Article,\n                                                unless: (i) it fails to undertake a review of the charge or practice that is the subject\n                                                of complaint by the other Contracting Party within a reasonable amount of time; or\n                                                (ii) following such a review it fails to take all steps within its power to remedy\n                                                any charge or practice that is inconsistent with this Article.\n\n1 Income and profits from the operation of aircraft in international traffic shall be\n                                                taxable only in the State in which the place of effective management of the Designated\n                                                Airline is situated.\n\n2 Gains from the alienation of aircraft operated in international traffic shall be taxable\n                                                only in the State in which the place of effective management of the Designated Airline\n                                                is situated.\n\n3 Capital represented by aircraft operated in international traffic and by moveable\n                                                property pertaining to the operation of such aircraft shall be taxable only in the\n                                                State in which the place of effective management of the Designated Airline is situated.\n\n4 The provisions of paragraph 1 of this Article shall also apply to income and profits\n                                                from the participation in a pool, a joint business, a cooperative marketing arrangement\n                                                or an international operating agency.\n\n5 If an agreement between the Contracting Parties on avoidance of double taxation and\n                                                the prevention of fiscal evasion on income and on capital in which air transport is\n                                                addressed envisages procedures different from those referred to in paragraph 1-4 of\n                                                this Article, the provisions of the agreement on avoidance of double taxation on income\n                                                or capital shall be applicable.\n\n1 The Designated Airline(s) of each Contracting Party shall be entitled to transfer,\n                                                from the Territory of sale to their home Territory the excess, in the Territory of\n                                                sale, of receipts over expenditure. Included in such net transfer shall be revenues\n                                                from sales, made directly or through agents, of air transport services, and ancillary\n                                                or supplemental services, and normal commercial interest earned on such revenues while\n                                                on deposit awaiting transfer.\n\n2 The Designated Airline(s) of each Contracting Party shall receive approval for such\n                                                transfer within at most thirty (30) days of application, into any currency, at the\n                                                official rate of exchange for conversion of local currency, as at the date of sale.\n\n3 The Designated Airline(s) of each Contracting Party shall be entitled to effect the\n                                                actual transfer on receipt of approval.\n\n1 The laws, regulations and procedures of either Contracting Party relating to the entrance\n                                                or entry into or departure from its Territory of aircraft engaged in International\n                                                Air Services, or to the operation and navigation of such aircraft, shall be complied\n                                                with by the Designated Airline(s) of the other Contracting Party upon their entrance\n                                                into, and until and including their departure from, the said Territory.\n\n2 The laws, regulations and procedures of either Contracting Party relating to immigration,\n                                                passports, or other approved travel documents, entry, clearance, customs and quarantine\n                                                shall be complied with, by crews or passengers and/or on behalf of cargo and mail\n                                                carried by aircraft of the Designated Airline(s) of the other Contracting Party upon\n                                                their entrance into, and until and including their departure from the Territory of\n                                                the said Contracting Party.\n\n3 Passengers, baggage, cargo and mail in transit across the Territory of either Contracting\n                                                Party and not leaving the area of the airport reserved for such purpose shall, except\n                                                in respect of security measures against violence and air piracy, be subject to no\n                                                more than a simplified control.\n\n4 Neither of the Contracting Parties shall give preference to any other Airline over\n                                                the Designated Airline(s) of the other Contracting Party in the application of its\n                                                customs, immigration, quarantine, and similar regulations; or in the use of airports,\n                                                airways and air traffic services and associated facilities under its control.\n\n5 Each Contracting Party shall, upon request of the other Contracting Party, supply\n                                                copies of the relevant laws, regulations and procedures referred to in this Agreement.\n\nCertificates of airworthiness, certificates of competency and licenses issued, or\n                                          rendered in reciprocity, by one Contracting Party including, in the case of the Netherlands,\n                                          in accordance with EU laws and regulations, and still valid, shall be recognized as\n                                          valid by the other Contracting Party for the purpose of operating the Agreed Services\n                                          on the Specified Routes, provided that the requirements under which such certificates\n                                          and licenses were issued, or rendered in reciprocity, are equal to or higher than\n                                          the minimum requirements which are, or may be in the future, established under the\n                                          Convention.\n\nEach Contracting Party, however, reserves the right to refuse to recognize, for flights\n                                          above its Territory, certificates of competency and licenses granted to or validated\n                                          for its own nationals by the other Contracting Party.\n\n1 Each Contracting Party may request consultations at any time concerning safety standards\n                                                in any area relating to air crew, aircraft or their operation adopted by the other\n                                                Contracting Party. Such consultations shall take place within 30 (thirty) days of\n                                                that request.\n\n2 If, following such consultations, one Contracting Party finds that the other Contracting\n                                                Party does not effectively maintain and administer safety standards and requirements\n                                                in any such area that are at least equal to the minimum standards established at that\n                                                time pursuant to the Convention, the first Contracting Party shall notify the other\n                                                Contracting Party of those findings and the steps considered necessary to conform\n                                                with those minimum standards, and that other Contracting Party shall take appropriate\n                                                corrective action. Failure by the other Contracting Party to take appropriate action\n                                                within 15 days or such longer period as may be agreed, shall be grounds for the application\n                                                of Article 4 of this Agreement (Revocation and Suspension of Authorization).\n\n3 Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any Aircraft operated by or, under a lease arrangement, on behalf\n                                                of the Airline or Airlines of one Contracting Party on Services to or from the Territory\n                                                of the other Contracting Party may, while within the Territory of the other Contracting\n                                                Party, be made the subject of an examination by the authorized representatives of\n                                                the other Contracting Party, on board and around the aircraft, to check both the validity\n                                                of the aircraft documents and those of its crew and the apparent conditions of the\n                                                aircraft and its equipment (ramp inspections), provided this does not lead to unreasonable\n                                                delay.\n\n4 If any such ramp inspection or series of ramp inspections gives rise to:\n\na) serious concerns that an aircraft or the operation of an aircraft does not comply\n                                                      with the minimum standards established at that time pursuant to the Convention; or\n\nb) serious concerns that there is a lack of effective maintenance and administration\n                                                      of safety standards established at that time pursuant to the Convention,\n\nthe Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses\n                                                in respect of that aircraft or in respect of the crew of that aircraft had been issued\n                                                or rendered valid, or that the requirements under which that aircraft is operated,\n                                                are not equal to or above the minimum standards established pursuant to the Convention.\n\n5 In the event that access for the purpose of undertaking a ramp inspection of an aircraft\n                                                operated by the Airline or Airlines of one Contracting Party in accordance with paragraph\n                                                3 above is denied by the representative of that Airline or Airlines, the other Contracting\n                                                Party shall be free to infer that serious concerns of the type referred to in paragraph\n                                                4 above arise and to draw the conclusions referred to in that paragraph.\n\n6 Each Contracting Party reserves the right to suspend or vary the operating authorization\n                                                of an Airline or Airlines of the other Contracting Party immediately in the event\n                                                the first Contracting Party concludes, whether as a result of a ramp inspection, a\n                                                series of ramp inspections, a denial of access for ramp inspection, consultations\n                                                or otherwise, that immediate action is essential to the safety of the Airline\u2019s operation.\n\n7 Any action by one Contracting Party in accordance with paragraphs 2 or 6 above shall\n                                                be discontinued once the basis for the taking of that action ceases to exist.\n\n8 Each Contracting Party shall see to it that the Designated Airline(s) will be provided\n                                                with communicative, aviation and meteorological facilities and any other Services\n                                                necessary for the safe operations of the Agreed Services.\n\n1 The Contracting Parties reaffirm, consistent with their rights and obligations under\n                                                international law, that their mutual obligations to protect the safety of civil aviation\n                                                against acts of unlawful interference forms an integral part of this Agreement. Without\n                                                limiting the generality of their rights and obligations under international law, the\n                                                Contracting Parties shall act specifically in conformity with the provisions of the\n                                                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, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports\n                                                   Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marketing of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other convention on aviation security\n                                                to which the Contracting Parties shall become party.\n\n2 The Contracting Parties shall provide upon request all necessary assistance to each\n                                                other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts\n                                                against the safety of such aircraft, their passengers and crew, airports and air navigation\n                                                facilities, and any other threat to the security of civil aviation.\n\n3 The Contracting Parties shall, in their mutual relations, act in conformity with the\n                                                standards of aviation security and, in so far as they are applied by them, the Recommended\n                                                Practices established by the International Civil Aviation Organization and designated\n                                                as Annexes to the Convention. They shall require that operators of aircraft of their\n                                                registry, operators who have their main place of business or permanent residence in\n                                                their Territory, and the operators of airports in their Territory, act in conformity\n                                                with such aviation security provisions. In this paragraph, the reference to aviation\n                                                security Standards includes any difference notified by the Contracting Party concerned.\n\n4 Each Contracting Party shall ensure that effective measures are taken within its Territory\n                                                to protect aircraft, to screen passengers and their carry-on items, and to carry out\n                                                appropriate checks on crew, cargo (including hold baggage) and Stores prior to and\n                                                during boarding or loading, and that those measures are adjusted to meet any increased\n                                                threat. Each Contracting Party agrees that its Designated Airline(s) shall be required\n                                                to observe the aviation security provisions referred to in paragraph 3 above, required\n                                                by the other Contracting Party for entrance into, departure from, or while within\n                                                the Territory of that other Contracting Party. Each Contracting Party shall also act\n                                                favorably upon any request from the other Contracting Party for reasonable special\n                                                security measures to meet a particular threat.\n\n5 When an incident or threat of an incident of unlawful seizure of civil aircraft or\n                                                other unlawful acts against the safety of such aircraft, their passengers and crew,\n                                                airports or air navigation facilities occurs, the Contracting Parties shall provide\n                                                mutual assistance by facilitating communications and other appropriate measures intended\n                                                to terminate as rapidly as possible, commensurate with minimum risk to life, such\n                                                incident or threat.\n\n6 When a Contracting Party has reasonable grounds to believe that the other Contracting\n                                                Party has departed from the provisions of this Article, the first Contracting Party\n                                                may request immediate consultations with the other Contracting Party. Such consultations\n                                                shall take place within 30 days of that request. These consultations will be aimed\n                                                at reaching an agreement upon the measures suitable to eliminate the more immediate\n                                                reasons of concern and at adopting, within the framework of the ICAO security standards,\n                                                the actions necessary to establish the appropriate conditions of security.\n\n7 Each Contracting Party shall take such measures, as it may find practicable, to ensure\n                                                that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference\n                                                which has landed in its Territory, is retained on the ground unless its departure\n                                                is necessitated by the overriding duty to protect human life. Wherever practicable,\n                                                such measures shall be taken on the basis of mutual consultations.\n\nNeither Contracting Party shall require the filing of schedules, programs for flights\n                                          nor operational plans by Designated Airline(s) of the other Contracting Party for\n                                          approval, except as may be required on a non-discriminatory basis to enforce the uniform\n                                          conditions foreseen by paragraph 2 of Article 8 (Fair Competition) or as may be specifically authorized in the Annex to this Agreement. If a Contracting Party requires filings for information purposes,\n                                          it shall minimize the administrative burdens of filing requirements and procedures\n                                          on air transportation intermediaries and on the Designated Airline(s) of the other\n                                          Contracting Party.\n\n1 In a spirit of close cooperation the Aeronautical Authorities of the Contracting Parties\n                                                may consult each other from time to time with a view to ensuring the implementation\n                                                of, and satisfactory compliance with, the provisions of this Agreement.\n\n2 Either Contracting Party may request consultations with a view to amend this Agreement\n                                                and or its Annex. These consultations shall begin within sixty (60) days from the date of the receipt\n                                                of the request by the other Contracting Party, unless otherwise agreed. Such consultations\n                                                may be conducted through discussion or by correspondence.\n\n3 This Agreement and part II of the Annex shall be amended through an exchange of diplomatic notes and the amendments shall\n                                                come into force on the date of the later written notification in which the Contracting\n                                                Parties have informed each other of the completion of their respective constitutional\n                                                requirements.\n\n4 Notwithstanding the provisions of paragraph 3 above any amendment of the first part\n                                                of the Annex to this Agreement shall be agreed upon by the Aeronautical Authorities, through an\n                                                exchange of diplomatic notes, and shall take effect on a date to be determined in\n                                                the notes.\n\n1 If any dispute arises between the Contracting Parties relating to the interpretation\n                                                or application of this Agreement, the Contracting Parties shall in the first place\n                                                endeavour to settle their dispute by bilateral negotiations.\n\n2 If the Contracting Parties fail to reach a settlement by negotiation, the dispute\n                                                may at the request of either Contracting Party be submitted for decision to a tribunal\n                                                of three arbitrators, one to be named by each Contracting Party and the third to be\n                                                agreed upon by the two arbitrators so chosen, provided that such third arbitrator\n                                                shall not be a national of either Contracting Party. Each of the Contracting Parties\n                                                shall designate an arbitrator within a period of sixty (60) days from the date of\n                                                receipt by either Contracting Party from the other Contracting Party of a diplomatic\n                                                note requesting arbitration of the dispute and the third arbitrator shall be agreed\n                                                upon within a further period of sixty (60) days. If either of the Contracting Parties\n                                                fails to designate its own arbitrator within the period of sixty (60) days or if the\n                                                third arbitrator is not agreed upon within the period indicated, the President of\n                                                the Council of the International Civil Aviation Organization may be requested by either\n                                                Contracting Party to appoint an arbitrator or arbitrators.\n\n3 The Contracting Parties undertake to comply with any decision given under paragraph\n                                                2 of this Article.\n\n1 Either Contracting Party may, at any time, give notice in writing through diplomatic\n                                                channels to the other Contracting Party of its decision to terminate this Agreement.\n\n2 Such notice shall be simultaneously communicated to the International Civil Aviation\n                                                Organization. In such case this Agreement shall terminate twelve (12) months after\n                                                the date of receipt of the notice by the other Contracting Party, unless the notice\n                                                to terminate is withdrawn by agreement between the Contracting Parties before the\n                                                expiry of this period. In the absence of acknowledgement of receipt of the notice\n                                                of termination by the other Contracting Party, such notice shall be deemed to have\n                                                been received fourteen (14) working days after the receipt of that notice by the International\n                                                Civil Aviation Organization.\n\nThis Agreement shall be registered with the International Civil Aviation Organization.\n\n1 The provisions of the Convention shall be applicable to this Agreement.\n\n2 If a multilateral agreement or convention, accepted by both Contracting Parties, concerning\n                                                any matter covered by this Agreement, enters into force, the relevant provisions of\n                                                that multilateral agreement or convention shall supersede the relevant provisions\n                                                of this Agreement.\n\n3 The Contracting Parties may consult each other to determine the consequences for the\n                                                Agreement of the supersession, as mentioned under paragraph 2 of this Article and\n                                                to agree upon required amendments to the Agreement.\n\nAs regards the Kingdom of the Netherlands this Agreement shall apply to the Territory\n                                          of the European part of the Netherlands.\n\nThis Agreement shall come into force on the first day of the second month following\n                                          the date on which the Contracting Parties have informed each other in writing that\n                                          the formalities and constitutional requirements for its entry into force in their\n                                          respective countries have been complied with.\n\nIN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective\n                                    Governments, have signed this Agreement,\n\nDONE at Lusaka 16 May 2012, in two original copies, in the English language.\n\nFor the Kingdom of the Netherlands\n\nHARRY MOLENAAR\n\nFor the Republic of Zambia\n\nYAMFWA MUKANGA\n\n1. \nFor the Designated Airline(s) of the Kingdom of the Netherlands:\n\nAll Points in the Netherlands \u2013 All Intermediate points \u2013 All Points in Zambia \u2013 All\n                                             points beyond\n\n2. \nFor the Designated Airline(s) of the Republic of Zambia:\n\nAll Points in Zambia \u2013 all Intermediate points \u2013 All Points in the Netherlands \u2013 All\n                                             points beyond\n\nNote 1:\n\nEach Airline may on any or all flights and at its option:\n\na) operate flights in either or both directions;\n\nb) terminate any or all of their services in the Territory of the other Contracting Party;\n\nc) combine different flight numbers within one aircraft operation;\n\nd) serve intermediate and beyond point and points in the territories of the Contracting\n                                             Parties in any combination and in any order;\n\ne) omit stops at any point or points;\n\nf) transfer traffic from any of its aircraft to any of its other aircraft at any point;\n\ng) serve points behind any point in its Territory with or without change of aircraft\n                                             or flight number and hold out and advertise such services to the public as through\n                                             services;\n\nh) make stopovers at any point whether within or outside the Territory of either Contracting\n                                             Party, including co-terminalisation;\n\ni) carry transit traffic through the other Contracting Party\u2019s Territory; and\n\nj) combine traffic on the same aircraft regardless of where such traffic originate;\n\nk) without directional or geographic limitation and without loss of any right to carry\n                                             traffic otherwise permissible under this Agreement, provided that any service either\n                                             begins or terminates in the Territory of the country designating the Airline(s).\n\nII. Fifth Freedom traffic rights\n\na) Passenger/combined services\n\nThe designated airline(s) of each Contracting Party shall have the right to operate\n                                             passenger/combined services with full fifth freedom traffic rights on any intermediate\n                                             point and any beyond point, in Europe and/or Africa.\n\nb) All cargo services\n\nThe designated airline(s) of each Contracting Party shall have the right to operate\n                                             all-cargo services with full fifth freedom traffic rights on any intermediate point\n                                             and any beyond point, with the exception of points in North-America."}