Luchtvaartovereenkomst tussen Nederland en Finland
The Governments of the Netherlands and Finland, desiring to promote civil air transportation between the Netherlands and Finland and having in mind the resolution signed under date of December 7th 1944 at the International Civil Aviation Conference in Chicago for the adoption of a standard form of agreement for provisional air routes and services, hereby conclude the following agreement, covering the scheduled air transport services between their respective territories, which shall be governed by the following provisions:
Each Contracting Party grants to the other Contracting Party rights to the extent described in the Annex to this Agreement for the purpose of establishing of air services described therein.
Each of the air services so described shall be placed in operation as soon as the Contracting Party to whom the rights have been granted by Article 1 to designate an airline or airlines for the route concerned has authorized an airline for such route, and the Contracting Party granting the rights shall, subject to Article 7 hereof, be bound to give the appropriate operating permission without delay to the airline or airlines concerned; provided that the airlines so designated may be required to qualify before the competent aeronautical authorities of the Contracting Party granting the rights under the laws and regulations normally applied by these authorities before being permitted to engage in the operations contemplated by this Agreement.
Operating rights which may have been granted previously by either of the Contracting Parties to any other State or to an airline of such State shall continue in force according to their terms.
In order to prevent discriminatory practices and to assure equality of treatment, both Contracting Parties agree that:
Each of the Contracting Parties may impose or permit to be imposed just and reasonable charges for the use of public airports, and other facilities. Each of the Contracting Parties agrees, however, that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services.
Fuel, lubricating oils and spare parts introduced into or taken on board aircraft in the territory of one Contracting Party by the other Contracting Party or its nationals, and intended solely for use by aircraft of the airlines of such Contracting Party, shall, with respect to the imposition of customs duties, inspection fees or other national duties or charges by the Contracting Party whose territory is entered, be accorded the same treatment as that applying to national airlines and to airlines of the most favored nation.
The fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board civil aircraft of the airlines of one Contracting Party authorized to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of the other Contracting Party, be exempt from customs duties, inspection fees or similar duties or charges, even though such supplies be used or consumed by such aircraft on flights in that territory.
Goods so exempted, may only be unloaded with the approval of the customs authorities of the other Contracting Party. These goods which are to be re-exported shall be kept until re-exportation under customs-supervision.
Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services described in the Annex. Each Contracting Party reserves the right, however, to refuse to recognize for the purpose of flight above its own territory, certificates of competency and licences granted to its own nationals by another State.
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 used by the designated airline or airlines of the other Contracting Party without distinction as to nationality and shall be complied with by such aircraft upon entering or departing from or while within the territory of the first Party.
The laws and regulations of one Contracting Party as 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 the passengers, crew and cargo of aircraft used by the designated airline or airlines of the other Contracting Party upon entrance into, departure from or while within the territory of the first Party.
Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement by an airline designated by the other Contracting Party in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of the other Contracting Party, or in case of failure of an airline designated by the other Contracting Party to comply with the laws and regulations of the Contracting Party over which it operates, as described in Article 6 hereof, or to perform its obligations under this Agreement and its Annex.
This Agreement and all contracts connected therewith shall be registered with the International Civil Aviation Organization
In the event either of the Contracting Parties considers it desirable to modify the routes or conditions set forth in the attached Annex, it may request consultation between the competent authorities of both Contracting Parties, such consultation to begin within a period of sixty days from the date of request. When these authorities mutually agree on new or revised routes or conditions affecting the Annex; their recommendations on the matter will come into effect after they have been confirmed by an exchange of diplomatic notes.
Any dispute between the Contracting Parties relating to the interpretation or application of this Agreement or of the Annex, which cannot be settled through direct consultation shall be referred for decision to the Council of the International Civil Aviation Organization, unless the Contracting Parties agree to settle the dispute by reference to an Arbitral Tribunal appointed by agreement between the Contracting Parties, or to some other person or body. The Contracting Parties undertake to comply with the decision given.
Either Contracting Party may at any time notify the other of its intention to terminate this Agreement. Such notice shall be simultaneously communicated to the Interational Civil Aviation Organization. If such notice is given, this Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen days after the receipt of the notice by the International Civil Aviation Organization.
This Agreement, including the provisions of the Annex thereto, will come into force on the 30th day after the date of signature.
In witness whereof the undersigned, being duly authorized by their respective Governments, have signed the present Agreement.
Done in duplicate in the English language at Helsinki this 25th day of February 1949.
For the Government of the Netherlands:
(s.) A. J. TH. VAN DER VLUGT.
For the Government of Finland:
(s.) CARL ENCKELL.