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Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Panama, Panama-Stad, 11-04-2015
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Air transport Agreement between the Kingdom of the Netherlands, in respect of Curaçao, and the Republic of Panama
Article 1. Definitions
Article 2. Grant of rights
Article 3. Designation and Authorization
Article 4. Withholding, revocation and limitation of authorization
Article 5. Application of laws and regulations
Article 6. Direct transit
Article 7. Recognition of Certificates and Licences
Article 8. Safety
Article 9. Aviation Security
Article 10. Inadmissible and undocumented passengers and deportees
Article 11. User charges
Article 12. Customs duties
Article 13. Taxation
Article 14. Fair competition
Article 15. Capacity
Article 16. Tariffs
Article 17. Safeguards
Article 18. Currency conversion and remittance of earnings
Article 19. Sale and marketing of air service products
Article 20. Non-national personnel and access to local services
Article 21. Change of aircraft
Article 22. Ground handling
Article 23. Cooperative arrangements
Article 24. Leasing
Article 25. Intermodal services
Article 26. Statistics
Article 27. Approval of schedules
Article 28. Consultations
Article 29. Settlement of disputes
Article 30. Amendments
Article 31. Multilateral agreements
Article 32. Termination
Article 33. Registration with ICAO
Article 34. Applicability of the Agreement
Article 35. Entry into force
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Geschiedenis

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Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Panama, Panama-Stad, 11-04-2015

Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Panama
(authentiek: en)
The Kingdom of the Netherlands, in respect of Curaçao,
and
the Republic of Panama (hereinafter, “the Parties”);
Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;
Desiring to facilitate the expansion of international air services opportunities;
Recognising that efficient and competitive international air services enhance trade, welfare of consumers, and economic growth;
Desiring to make it possible for airlines to offer the travelling public a variety of service options at the lowest prices that are not discriminatory and do not represent abuse of a dominant position, and wishing to encourage individual airlines to develop and implement innovative and competitive prices; and
Desiring to ensure the highest degree of safety and security in international air services and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardise the safety of persons or property, adversely affect the operation of air services, and undermine public confidence in the safety of civil aviation;
Have agreed as follows:
Article 1. Definitions [Treedt in werking op een nader te bepalen tijdstip]
For the purposes of this Agreement, unless otherwise stated, the term:
a) “agreed services” means scheduled air services on the routes specified in this Agreement for the transport of passengers and cargo, including mail, separately or in combination;
b) “air service”, “international air service” and “airline” shall have the meanings respectively assigned to them in Article 96 of the Convention;
c) “air transportation” means the public carriage by aircraft of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;
d) “aeronautical authorities” means, in the case of the Republic of Panama, the Civil Aeronautical Authority; in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister of Traffic, Transport and Urban Planning of Curaçao; or in both cases any other authority or person empowered to perform the functions now exercised by the said authorities;
e) “Agreement” means this Agreement, its Annexes , and any amendments thereto;
f) “capacity” means the amount(s) of services provided under the Agreement, usually measured in the number of flights (frequencies) or seats or tons of cargo offered in a market (city pair, or country-to-country) or on a route during a specific period, such as daily, weekly, seasonally or annually;
g) “change of aircraft” means the operation of one of the agreed services by a designated airline in such a way that one or more sectors of the Specified Route are flown by a different aircraft;
h) “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention, and any amendment of the Annexes or the Convention under Articles 90 and 94, insofar as such Annexes and amendments have become effective for both Parties;
i) “designated airline” means an airline which has been designated and authorised in accordance with Article 3 of this Agreement;
j) “domestic air transportation” means air transportation in which passengers, baggage, cargo and mail which are taken on board in the territory of a Party and which are destined to another point in that same territory;
k) “ICAO” means the International Civil Aviation Organisation;
l) “tariffs” means the prices to be charged for the carriage of passengers and cargo and the conditions under which those prices apply, but excluding remuneration and conditions for the carriage of mail;
m) “territory” in relation to either Party shall be deemed to be the land area, territorial waters adjacent thereto and includes the air space above these areas under the sovereignty, suzerainty, protection or mandate of the Party;
n) “user charge” means a charge imposed on airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities.
1.
Each Party grants to the other Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the Route Schedule .
2.
Subject to the provisions of this Agreement, the airline(s) designated by each Party shall enjoy the following rights:
a) the right to fly without landing across the territory of the other Party;
b) the right to make stops in the territory of the other Party for non-traffic purposes;
c) the rights otherwise specified in this Agreement.
3.
The airlines of each Party, other than those designated under Article 3 (Designation and Authorization) of this Agreement, shall also enjoy the rights specified in paragraphs 2 a) and b) of this Article.
4.
Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline(s) of one Party the right of taking on board, in the territory of the other Party, passengers, cargo and mail for remuneration and destined for another point in the territory of the other Party.
1.
Each Party shall have the right to designate in writing through diplomatic channels to the other Party as many airlines as it wishes to operate the agreed services and to withdraw or alter such designations.
2.
On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorizations and technical permissions, each Party shall grant the appropriate operating authorizations with minimum procedural delay, provided that:
a) the designated airline has its principal place of business in the territory of the designating Party;
b) the Party designating the airline has and maintains effective regulatory control of the airline;
c) the Party designating the airline is in compliance with the provisions set forth in Article 8 (Safety) and Article 9 (Aviation Security); and
d) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the Party receiving the designation.
3.
On receipt of the operating authorization of paragraph 2 of this Article, a designated airline may at any time begin to operate the agreed services for which it is so designated, provided that the airline complies with the applicable provisions of this Agreement.
1.
The aeronautical authorities of each Party shall have the right to withhold the authorizations referred to in Article 3 (Designation and Authorization) of this Agreement with respect to an airline designated by the other Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently:
a) in the event that they are not satisfied that the designated airline has its principal place of business in the territory of the designating Party;
b) in the event that they are not satisfied that the Party designating the airline has and maintains effective regulatory control of the airline;
c) in the event of failure of the Party designating the airline to comply with the provisions set forth in Article 8 (Safety) and Article 9 (Aviation Security); and
d) in the event of failure that such designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the Party receiving the designation.
2.
Unless immediate action is essential to prevent infringement of the laws and regulations referred to above or unless safety or security requires action in accordance with the provisions of Article 8 (Safety) or Article 9 (Aviation Security), the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical authorities in conformity with Article 28 (Consultations) of this Agreement.
1.
The laws and regulations of one Party governing entry into and departure from its territory of aircraft engaged in international air services, or the operation and navigation of such aircraft while within its territory, shall be applied to aircraft of the designated airline of the other Party.
2.
The laws and regulations of one Party relating to the entry into, stay in and departure from its territory of passengers, crew and cargo including mail such as those regarding immigration, customs, currency and health and quarantine shall apply to passengers, crew, cargo and mail carried by the aircraft of the designated airline of the other Party while they are within the said territory.
3.
Neither Party shall give preference to its own or any other airline over a designated airline of the other Party engaged in similar international air transportation in the application of its immigration, customs, quarantine and similar regulations.
Article 6. Direct transit [Treedt in werking op een nader te bepalen tijdstip]
Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
1.
Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the other Party for the purpose of operating the agreed services on the specific routes, provided that the requirements under which such certificates and licences were issued or rendered valid are in conformity with the minimum standards established under the Convention .
2.
If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention , and which difference has been filed with the ICAO, the other Party may request consultations between the aeronautical authorities with a view to clarifying the practice in question.
3.
Each Party reserves the right, however, to refuse to recognise for the purpose of flights above or landing within its own territory, certificates of competency and licences granted to its own nationals by the other Party.
1.
Each Party may request consultations at any time concerning the safety standards maintained by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request.
2.
If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in these areas that are at least equal to the minimum standards established at that time pursuant to the Convention , the other Party shall be notified of such findings and of the steps considered necessary to conform with these minimum standards. The other Party shall then take appropriate corrective action within an agreed time period. Failure by the other Party to take appropriate corrective action within fifteen (15) days, or such other period as may be agreed, may be grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the designated airlines of the other Party.
3.
Pursuant to Article 16 of the Convention and not withstanding the obligations mentioned in Article 33 of the Convention, it is further agreed that, any aircraft operated by, or under lease agreement, on behalf of an airline or airlines of one Party, on services to or from the territory of the other Party, may, while within the territory of the other Party, be the subject of an examination by the authorized representatives of the other Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention .
4.
When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorization of an airline or airlines of the other Party.
5.
Any action by one Party in accordance with paragraph 4 above shall be discontinued once the basis for the taking of that action ceases to exist.
6.
With reference to paragraph 2 of this Article, if it is determined that one Party remains in non-compliance with ICAO Standards when the agreed time period has lapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
1.
Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft , signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft , signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation , signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation , signed at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection , signed at Montreal on 1 March 1991 and any other convention and protocol relating to the security of civil aviation which becomes binding on both Parties.
2.
The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3.
The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by ICAO and designated as Annexes to the Convention , to the extent that such security provisions are applicable to the Parties. Each Party shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions. Each Party shall, upon request, notify the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. Either Party may request immediate consultations with the other Party at any time to discuss any such differences.
4.
Each Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Party for entry into, departure from, or while within, the territory of that other Party. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Party shall also act favourably upon any request from the other Party for reasonable special security measures to meet a particular threat.
5.
When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
6.
Each Party shall have the right, within sixty (60) days following notice or such shorter period as may be agreed between the aeronautical authorities, for its aeronautical authorities to conduct an assessment in the territory of the other Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Party. The administrative arrangements for the conduct of such assessments shall be agreed between the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.
7.
When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the first Party may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the start of consultations shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the airline or airlines designated by the other Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Party may take interim action prior to the expiry of fifteen (15) days.
1.
Each Party agrees to establish effective border controls.
2.
In this regard, each Party agrees to implement the Standards and Recommended Practices of Annex 9 (Facilitation) to the Convention concerning inadmissible and undocumented passengers and deportees in order to enhance cooperation to combat illegal migration.
3.
Pursuant to the objectives above, each Party agrees to issue, or to accept, as the case may be, the letter relating to “fraudulent, falsified or counterfeit travel documents or genuine documents presented by imposters” set out in Appendix 9 b) to Annex 9, when taking action under relevant paragraphs of Chapter 3 of the Annex regarding the seizure of fraudulent, falsified or counterfeit travel documents.
1.
User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favourable than the most favourable terms available to any other airline at the time the charges are assessed.
2.
User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full costs may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.
3.
Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles in paragraphs 1 and 2. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.
4.
Neither Party shall be held, in dispute resolution procedures pursuant to Article 29 (Settlement of disputes), to be in breach of a provision of this Article, unless:
a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or
b) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
5.
Airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services that are provided in the territory of one Party shall be available for use by the airlines of the other Party on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services at the time arrangements for use are made.
1.
Each Party shall on the basis of reciprocity exempt a designated airline of the other Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges not based on the cost of services provided on arrival, on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores and other items such as printed ticket stock, air waybills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed free of charge by that designated airline intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Party operating the agreed services.
2.
The exemptions granted by this Article shall apply to the items referred to in paragraph 1:
a) introduced into the territory of the Party by or on behalf of the designated airline of the other Party;
b) retained on board aircraft of the designated airline of one Party upon arrival in or leaving the territory of the other Party; or
c) taken on board aircraft of the designated airline of one Party in the territory of the other Party and intended for use in operating the agreed services;
whether or not such items are used or consumed wholly within the territory of the Party granting the exemption, provided the ownership of such items is not transferred in the territory of the said Party.
3.
The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of a designated airline of either Party, may be unloaded in the territory of the other Party only with the approval of the customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
1.
Profits from the operation of the aircraft of a designated airline in international traffic shall be taxable only in the territory of the Party in which the place of effective management of that airline is situated.
2.
Capital represented by aircraft operated in international traffic by a designated airline and by movable property pertaining to the operation of such aircraft shall be taxable only in the territory of the Party in which the place of effective management of the airline is situated.
3.
Where a special agreement for the avoidance of double taxation with respect to taxes on income and on capital exists between the Parties, the provisions of the latter shall prevail.
Article 14. Fair competition [Treedt in werking op een nader te bepalen tijdstip]
Each designated airline shall have a fair opportunity to operate the routes specified in the Agreement.
1.
Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based on commercial considerations of the marketplace.
2.
Neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3.
Neither Party shall impose on the other Party's designated airlines a first refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to the capacity, frequency or traffic which would be inconsistent with the purposes of this Agreement.
4.
Neither Party shall require the filing of schedules, programmes for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce uniform conditions as foreseen by paragraph 2 of this Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Party.
1.
The Parties agree to give particular attention to tariffs which may be objectionable because they appear unreasonably discriminatory, unduly high or restrictive because of the abuse of a dominant position, artificially low because of direct or indirect subsidy or support, or “predatory”.
2.
Each Party may require notification or filing of tariffs proposed by the designated airline(s) of the other Party for carriage to or from its territory. Such notification or filing may be required not more than thirty (30) days before the proposed date of introduction. In special cases, this period may be reduced.
3.
Neither Party shall take unilateral action to prevent the inauguration of a proposed tariff or the continuation of an effective tariff of a designated airline of either Party for carriage between the territories of the Parties.
4.
Approval of tariffs consequent upon the provisions of paragraph 3 above may be given expressly by either Party to the airline(s) filing the tariffs. Where either Party believes that a tariff falls within the categories described in paragraph 1 above, such Party shall give notice of dissatisfaction to the other Party as soon as possible and at least within thirty (30) days of the date of notification or filing of the tariff, and may avail itself of the consultation procedures set out in paragraph 5 below. However, unless both Parties have agreed in writing to disapprove the tariffs concerned under those procedures, the tariffs shall be considered approved.
5.
Each Party may request consultation regarding any tariff of an airline of either Party for services covered by this Agreement, including where the tariff concerned has been subject to a notice of dissatisfaction. Such consultations shall be held not later than thirty (30) days after receipt of the request. The Parties shall cooperate in securing information necessary for reasoned resolution of the issues. If the Parties reach agreement with respect to a tariff for which notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect but if no agreement is reached the tariff in question shall go into or continue in effect.
1.
The Parties agree that the following airline practices may be regarded as possible unfair competitive practices which may merit closer examination:
a) charging fares and rates on routes at levels which are, in the aggregate, insufficient to cover the costs of providing the services to which they relate;
b) the addition of excessive capacity or frequency of service;
c) the practices in question are sustained rather than temporary;
d) the practices in question have a serious economic effect on, or cause significant damage to, another airline;
e) the practices in question reflect an apparent intent or have the probable effect, of crippling, excluding or driving another airline from the market; and
f) behaviour indicating an abuse of dominant position on the route.
2.
If the aeronautical authorities of one Party consider that an operation or operations intended or conducted by the designated airline of the other Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 1 of this Article, they may request consultation in accordance with Article 28 (Consultations) of this Agreement with a view to resolving the problem. Any such request shall be accompanied by notice of the reasons for the request, and the consultation shall begin within fifteen (15) days after receipt of the request.
3.
If the Parties fail to reach a resolution of the problem through consultations, either Party may invoke the dispute resolution mechanism under Article 29 (Settlement of disputes) of this Agreement to resolve the dispute.
Article 18. Currency conversion and remittance of earnings [Treedt in werking op een nader te bepalen tijdstip]
Each Party shall permit airline(s) of the other Party to convert and transmit abroad to the airline(s) choice of State, on demand, all local revenues from the sale of air transport services and associated activities directly linked to air transport in excess of sums locally disbursed, with conversion and remittance permitted promptly without restrictions, discrimination or taxation in respect thereof at the rate of exchange applicable as of the date of the request for conversion and remittance.
1.
Each Party shall accord airlines of the other Party the right to sell and market international air services and related products in its territory (directly or through agents or other intermediaries of the airline's choice), including the right to establish offices, both on-line and off-line.
2.
Each airline shall have the right to sell transportation in the currency of that territory or, at its discretion, in freely convertible currencies of other countries, and any person shall be free to purchase such transportation in currencies accepted by that airline.
a) bring in to its territory and maintain non-national employees who perform managerial, commercial, technical, operational and other specialist duties which are required for the provision of air transport services, consistent with the laws and regulations of the receiving Party concerning entry, residence and employment; and
b) use the services and personnel of any other organization, company or airline operating in its territory and authorized to provide such services.
Article 21. Change of aircraft [Treedt in werking op een nader te bepalen tijdstip]
On any international segment or segments of the agreed routes, a designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated, provided that the transportation beyond such point is a continuation of the transportation from the territory of the Party that has designated the airline and, in the inbound direction, the transportation to the territory of the Party that has designated the airline is a continuation of the transportation from beyond such point.
1.
Each Party shall authorize airline(s) of the other Party, at each airline's choice, to:
a) perform its own ground handling services (“self-handling”);
b) handle another or other air carrier(s);
c) join with others in forming a service-providing entity; and/or
d) select among competing service providers.
2.
An air carrier is permitted to choose freely from among the alternatives available and to combine or change its option, except where this is demonstrably impractical and also where constrained by relevant safety and security considerations, and, with the exception of self-handling in a) above, by the scale of airport operations being too small to sustain competitive providers.
3.
Parties shall always be required to take the necessary measures to ensure reasonable cost-based pricing and fair and equal treatment for air carrier(s) of the other Party.
1.
In operating or holding out the authorized services on the agreed routes, any designated airline of one Party may enter into cooperative marketing arrangements such as joint venture, blocked space or code sharing arrangements, with:
a) an airline or airlines of either Party;
b) an airline or airlines of a third country; and
c) a surface transportation provider of any country,
provided that all airlines in such arrangements 1) hold the appropriate authority and 2) meet the requirements normally applied to such arrangements.
2.
The Parties agree to take the necessary action to ensure that consumers are fully informed and protected with respect to code shared flights operating to or from their territory and that, as a minimum, passengers be provided with the necessary information in the following ways:
a) orally and, if possible, in writing at the time of booking;
b) in written form, on the ticket itself and/or (if not possible), on the itinerary document accompanying the ticket or on any other document replacing the ticket, such as a written confirmation, including information on whom to contact in case of a problem and a clear indication of which airline is responsible in case of damage or accident; and
c) orally again, by the airline's ground staff at all stages of the journey.
3.
The airlines are required to file for approval any proposed cooperative arrangement with the aeronautical authorities of both Parties at least thirty (30) days before its proposed introduction.
1.
Either Party may prevent the use of leased aircraft for services under this Agreement which does not comply with Articles 8 (Safety) and 9 (Aviation Security).
2.
Subject to paragraph 1 above, the designated airlines of each Party may use aircraft leased from other airlines, provided all participants in such arrangements hold the appropriate authority and meet the requirements applied to such arrangements.
Article 25. Intermodal services [Treedt in werking op een nader te bepalen tijdstip]
Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo transportation.
Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
Article 26. Statistics [Treedt in werking op een nader te bepalen tijdstip]
The aeronautical authorities of both Parties shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the agreed services.
1.
The designated airline of each Party shall submit its envisaged flight schedules for approval to the aeronautical authorities of the other Party at least fifteen (15) days prior to the start of the operation of the agreed services. The same procedure shall apply to any modification thereof.
2.
For supplementary flights which the designated airline of one Party wishes to operate on the agreed services outside the approved timetable, that airline must request prior permission from the aeronautical authorities of the other Party. Such requests shall usually be submitted at least two (2) working days prior to the operation of such flights.
1.
Either Party may, at any time, request consultation on the interpretation, application, implementation or amendment of this Agreement or compliance with this Agreement.
2.
Such consultations which may be through discussion or by correspondence shall begin within a period of sixty (60) days from the date the other Party receives a written request, unless otherwise agreed by the Parties.
1.
Any dispute arising between the Parties relating to the interpretation or application of this Agreement the Parties shall in the first place endeavour to settle it by consultations and negotiation.
2.
If the Parties fail to reach a settlement through consultations, the dispute may, at the request of either Party, be submitted to arbitration in accordance with the procedures set forth below.
3.
Arbitration shall be by a tribunal of three arbitrators, one to be named by each Party and the third to be agreed upon by the two arbitrators so chosen, provided that the third such arbitrator shall not be a national of either Party. Each Party shall designate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other Party of a diplomatic note requesting arbitration of the dispute, and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Parties fails to designate its own arbitrator within the period of sixty (60) days or if the third arbitrator is not agreed on within the period indicated, the President of the Council of ICAO may be requested by either Party to appoint an arbitrator or arbitrators. If the President is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
4.
The arbitration tribunal shall determine its own procedure.
5.
The decision of the tribunal shall be binding on the Parties.
6.
Each Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Parties, including any expenses incurred by the President of the Council of ICAO in implementing the procedures in paragraph 3 of this Article.
7.
If and so long as either Party fails to comply with any decision given under paragraph 3 of this Article, the other Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default or to the designated airline or airlines in default.
1.
Either Party may at any time request consultation with the other Party for the purpose of amending the present Agreement or its Annexes . Such consultation shall begin within a period of sixty (60) days from the date of receipt of such request. Such consultations may be conducted through discussion or by correspondence.
2.
Any amendment of this Agreement shall be agreed upon by the Parties and shall come into force on the date on which the Parties have informed each other in writing of the completion of the respective constitutional requirements.
Article 31. Multilateral agreements [Treedt in werking op een nader te bepalen tijdstip]
If both Parties become parties to a multilateral agreement that addresses matters covered by this Agreement, they shall consult to determine whether this Agreement should be revised to take into account the multilateral agreement.
Article 32. Termination [Treedt in werking op een nader te bepalen tijdstip]
Either Party may, at any time, give notice in writing, through diplomatic channels, to the other Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to ICAO. This Agreement shall terminate at midnight twelve months after the date of receipt of the notice by the other Party, unless the notice is withdrawn by agreement before the end of this period. In the absence of acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) days after receipt of the notice by ICAO.
Article 33. Registration with ICAO [Treedt in werking op een nader te bepalen tijdstip]
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 34. Applicability of the Agreement [Treedt in werking op een nader te bepalen tijdstip]
As regards the Kingdom of the Netherlands this Agreement shall apply to Curaçao only.
Article 35. Entry into force [Treedt in werking op een nader te bepalen tijdstip]
This Agreement shall enter into force on the first day of the second month following the date of the last written notification, through diplomatic channels, by which the Parties shall have notified each other that all necessary internal procedures for entry into force of this Agreement have been completed.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Panama City, on this 11th day of April 2015, in the English, Dutch and Spanish languages, each version being equally authentic. In case of divergence in the interpretation of this Agreement, the English version shall prevail.
For the Kingdom of the Netherlands, in respect of Curaçao:
JOSÉ M.N. JARDIM
For the Republic of Panama:
ISABEL DE SAINT MALO DE ALVARADO