Luchtvaartovereenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Verenigde Staten van Amerika
The Government of the Kingdom of the Netherlands and the Government of the United States of America,
Desiring to conclude an Agreement for the purpose of promoting air communications between their respective territories,
Have accordingly appointed authorized representatives for this purpose, who have agreed as follows:
The term “air service” means scheduled air service or charter air service of both, as the context requires, performed by aircraft for the public transport of passengers, cargo or mail, separately or in combination, for compensation;
The term “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes (i) any amendment thereto which has entered into force under Article 94(a) thereof and has been ratified by both Contracting Parties; and (ii) any Annex of any amendment thereto adopted under Article 90 of that Convention, insofar as such amendment or Annex is at any given time effective for both Contracting Parties;
The term “designated airline” means an airline designated and authorized in accordance with the terms of this Agreement;
The term “user charge” means a charge made to airlines for the provision of airport, air navigation of aviation security property or facilities, including related services and facilities.
Each Contracting Party grants to the other Contracting Party the following rights for the conduct of its international air services by the airlines of the other Contracting Party:
the right to fly across its territory without landing;
the right to make stops in its territory for non-traffic purposes.
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating scheduled international air services on the routes specified in Annex 1 and charter international air services as specified in Article 4 of the 1978 Protocol, as amended. Such services, whether scheduled or charter, are hereinafter called “the agreed services” and such routes are called “the specified routes”. While operating an agreed service, the designated airlines of each Contracting Party shall enjoy, in addition to the rights specified in paragraph (1) of this Article, the right to make stops in the territory of the other Contracting Party for the purpose of taking on board and discharging passengers, cargo, or mail, separately or in combination.
Nothing in paragraph (2) of this Article shall be deemed to confer on the airline or airlines of one Contracting Party the right to take on board, in the territory of the other Contracting Party, passengers, cargo or mail carried for compensation and destined for another point in the territory of that other Contracting Party.
Each Contracting Party shall have the right to designate as many airlines as it wishes to conduct international air services in accordance with this Agreement and to withdraw or alter such designations. Such designations shall be transmitted to the other Contracting Party in writing through diplomatic channels, and shall identify whether the airline is authorized to conduct the scheduled or charter air service specified in this Agreement, or both.
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, the other Contracting Party shall with minimum procedural delay grant to the designated airline or airlines the appropriate operating authorizations and technical permissions, provided the airline meets the standards set forth in this Agreement and is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party considering the application or applications.
Each Contracting Party reserves the right to withhold, suspend, limit, impose conditions, or revoke the privilege of exercising the rights provided for in this Agreement from an airline designated by the other Contracting Party in the event that it is not satisfied that substantial ownership and effective control of such airline are vested in nationals of the other Contracting Party, or in case of failure by such airline to comply with the laws or regulations referred to in Article 5 hereof, or in case of failure of the airline or the government designating it otherwise to perform its obligations hereunder, or to fulfill the conditions under which the rights are granted in accordance with this Agreement.
The laws and regulations of one contracting party relating to the admission to or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of the airline or airlines designated by the other contracting party, and shall be complied with by such aircraft upon entering or departing from and while within the territory of the first contracting party.
The laws and regulations of one contracting party relating to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo of the other contracting party upon entrance into or departure from, and while within the territory of the first contracting party.
Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one contracting party, and still in force, shall be recognized as valid by the other contracting party for the purpose of operating the routes and services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention on International Civil Aviation. Each contracting party reserves the right, however, to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another State.
Each Contracting Party may request consultations concerning the safety standards and requirements maintained and administered by the other Contracting Party relating to aeronautical facilities, aircrew, aircraft, and operation of the designated airlines. If, following such consultations, either Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards ans requirements in these areas that are equal to or above the minimum standards which may be established pursuant to the Convention, they will notify the other Contracting Party of such findings and the steps considered necessary to bring the safety standards and requirements of the other Contracting Party to standards at least equal to the minimum standards which may be established pursuant to the Convention, and the other Contracting Party shall take appropriate corrective action. Each Contracting Party reserves the right to withhold, revoke or limit the operating authorization or technical permission of an airline or airlines designated by the other Contracting Party in the event the other Contracting Party does not take such appropriate action within a reasonable time.
In order to prevent discriminatory practices and to assure equality of treatment, both contracting parties agree that:
User charges that may be imposed by the competent charging authorities or bodies of one Contracting Party on the designated airlines of the other Contracting Party shall be just, reasonable, nondiscriminatory, and equitably apportioned among categories of users. In any event, any such charge shall be assessed on the airlines of
the other Contracting Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed.
User charges imposed on the airlines of the other Contracting Party may reflect, but shall not exceed, an equitable portion of the full cost to the competent charging authorities or bodies of providing the appropriate airport, air navigation, airport environmental, and aviation security facilities and services, and in the case of airports, may provide for a reasonable rate of return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient basis. Reasonable notice shall be given prior to changes in user charges.
Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its territory and airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary for an accurate review of the reasonableness of the charges in light of the principles of paragraphs (1) and (2) of this Article.
On arriving in the territory of one Contracting Party, aircraft operated in international air transportation by the designated airlines of the other Contracting Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco, and other products destined for sale to or use by passengers in limited quantities during flight) and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be exempt, on the basis of reciprocity, from all import restrictions, taxes, levies, duties, and similar fees and charges imposed by the national authorities, and not based on the cost of services; provided such equipment and supplies remain on board the aircraft.
There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees and charges referred to in paragraph (1) of this Article, with the exception of charges based on the cost of the services provided:
aircraft stores introduced into or supplied in the territory of one Contracting Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Contracting Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Contracting Party in which they are taken on board;
ground equipment and spare parts (including engines) introduced into the territory of a Contracting Party for the servicing, maintenance or repair of aircraft of an airline of the other Contracting Party used in international air transportation;
fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of a Contracting Party for use in an aircraft of an airline of the other Contracting Party engaged in international air transportation, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board; and
promotional and advertising materials introduced into or supplied in the territory of one Contracting Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Contracting Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Contracting Party in which they are taken on board.
Equipment and supplies referred to in paragraphs (1) and (2) of this Article may be required to be kept under the supervision or control of the appropriate authorities.
The exemptions provided by this Article shall also be available where the designated airlines of one Contracting Party have contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph (1) and (2) of this Article.
Each Contracting Party shall allow a fair, equal, and nondiscriminatory opportunity for the designated airlines of both Contracting Parties to compete with the designated airlines of the other Contracting Party.
Neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
Neither Contracting Party shall impose on the other Contracting Party's designated airlines a first refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to the capacity, frequency or traffic which would be inconsistent with the purposes of this Agreement.
Neither Contracting Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce uniform conditions as foreseen by paragraph (2) of this Article or as may be specifically authorized in this Agreement. If a Contracting 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 Contracting Party.
In the operation by the airlines of either contracting party of the air services described in this Agreement, the interest of the airlines of the other contracting party shall be taken into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes.
Article 10 bis
Notwithstanding any other provisions of this agreement, as amended, airlines of both parties shall be permitted, without restriction, to employ in connection with international air services any surface transport 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 air 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.
Each Contracting Party shall allow prices for air transportation to be established by each airline of the Contracting Parties based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
prevention of unreasonably discriminatory prices orpractices;
protection of consumers from prices that are unreasonably high or restrictive because of the abuse of a dominant position; and
protection of airlines from prices that are artificially low because of direct or indirect government subsidy or support.
Each Contracting Party may require notification to or filing with its aeronautical authorities of prices proposed to be charged to or from its territory by airlines of the other Contracting Party. Notification or filing by the airlines of both Contracting Parties may be required no more than 30 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Contracting Party shall require the notification or filing by airlines of the other Contracting Party of prices charged by charterers to the public for traffic originating in the territory of either Contracting Party.
Neither contracting party shall take unilateral action to prevent the inauguration or continuation of a price charged or proposed to be charged by (1) an airline of either contracting party for international air transportation between the territories of the contracting parties, including transportation on an interline or intra-line basis, or (2) an airline of one contracting party for international air transportation between the territory of the other contracting party and a third country, including transportation on an interline or intra-line basis, provided that, in the case of service to or from third countries that are members of the European Communities as of December 1, 1991, such price is not specifically prohibited under the law of the European Communities. Without mutual agreement, such prices shall go into or continue in effect. If either contracting party is dissatisfied with any price, it shall request consultations, and notify the other contracting party of the reasons it believes such price is inconsistent with the considerations set forth in paragraph (A) of this article, as soon as possible. In the case of a proposed price, such notification shall be given no less than 15 days before the proposed effectiveness date. These consultations shall be held not later than 30 days after receipt of the request, and the contracting parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the contracting parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each contracting party shall use its best efforts to put that agreement into effect.
Notwithstanding any other provision of this Article, each Contracting Party shall allow any airline of either Contracting Party to meet any price charged in the marketplace for international air transportation, including combinations of prices via points in the territory of one or both Contracting Parties or of a third country. As used herein, the term “meet” means the right to continue or institute, on a timely basis, using such expedited procedures as may be necessary, an identical or similar price or such price through a combination of prices on a direct, interline or intra-line basis, notwithstanding differences in conditions including, but not limited to, those relating to airports, routing, distance, timing, connections, aircraft type, aircraft configuration, or change of aircraft.
Consultation between the competent authorities of both contracting parties may be requested at any time by either contracting party for the purpose of discussing the interpretation, application, or amendment of the Agreement or Schedule. Such consultation shall begin within a period of sixty (60) days from the date of the receipt of the request by the Ministry of Foreign Affairs of the Kingdom of The Netherlands or the Department of State of the United States of America as the case may be. Should agreement be reached on amendment of the Agreement or its route schedule, such amendment will come into effect upon the confirmation by an exchange of diplomatic notes.
Any dispute arising under this Agreement, other than disputes that may arise under Article 12 (Pricing) 1)
, which is not resolved by a first round of formal consultations, may be referred for decision to some person or body. If the Contracting Parties do not agree, the dispute shall, at the request of either Contracting Party, be submitted to arbitration in accordance with the procedures set forth below.
Arbitration shall be by a tribunal of three arbitrators which shall be constituted as follows:
within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President of the arbitral tribunal;
if either Contracting Party fails to name an arbitrator, or if the third arbitrator is not appointed in accordance with subparagraph (a) of this paragraph, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President of the Council is of the same nationality as one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
Except as otherwise agreed by the Contracting Parties, the arbitral tribunal shall determine the limits of its jurisdiction, in accordance with this Agreement, and shall establish its own procedure. The arbitral tribunal, once formed, shall have the jurisdiction to grant interim relief pending its final determination. At the direction of the tribunal or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held no later than 15 days after the tribunal is fully constituted.
Except as otherwise agreed by the Contracting Parties or directed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting party, or at its discretion, within 15 days after replies are due.
The tribunal shall attempt to render a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted, whichever is sooner. The decision of the majority of the tribunal shall prevail.
The Contracting Parties may submit requests for clarification of the decision within 15 days after it is rendered and any clarification given shall be issued within 15 days of such request.
Each Contracting Party shall, consistent with its national law, give full effect to any decision or award of the arbitral tribunal. In the event that one Contracting Party does not give effect to any decision or award, the other Contracting Party may take such proportionate steps as may be appropriate.
The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties. Any expenses incurred by the President or Vice-President of the Council of the International Civil Aviation Organization in connection with the procedures in paragraph (2)(b) of this Article shall be considered to be part of the expenses of the arbitral tribunal.
This Agreement, all amendments thereto, and contracts connected therewith shall be registered with the International Civil Aviation Organization.
If a general multilateral air transport Convention accepted by both contracting parties enters into force, the present Agreement shall be amended so as to conform with the provisions of such Convention.
Either of the contracting parties may at any time notify the other of its intention to terminate the present Agreement. Such a notice shall be sent simultaneously to the International Civil Aviation Organization. In the event such communication is made, this Agreement shall terminate two years after the date of its receipt, unless by agreement between the contracting parties the notice of intention to terminate is withdrawn before the expiration of that time. If the other contracting party fails to acknowledge receipt, notice shall be deemed as having been received fourteen days after its receipt by the International Civil Aviation Organization.
The present agreement shall be provisionally operative from the date of its signature. After the approval constitutionally required in the Kingdom of The Netherlands has been obtained, the Agreement shall enter into force definitively on the date of receipt by the Government of the United States of America of an appropriate notification from the Government of the Kingdom of The Netherlands.
In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed the present Agreement.
Done in duplicate at Washington, D. C. this 3rd day of April, 1957.
For the Government of the Kingdom of the Netherlands:
(sd.) E. H. VAN DER BEUGEL
For the Government of the United States of America:
(sd.) CHRISTIAN A. HERTER