Overeenkomst inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Verenigde Republiek Tanzania
The Government of the Kingdom of the Netherlands and the Government of the United Republic of Tanzania (hereinafter referred to as the Contracting Parties)
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and
Desiring to conclude an Agreement, supplementary to the Convention, for the purpose of establishing air services between and beyond their respective territories
The term “The Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any Annex adopted under Article 90 of that Convention and any amendments of the Annexes, or Convention under Article 90 and 94 so far as those Annexes and amendments have been adopted by both Contracting Parties;
The term “aeronautical authorities” means in both cases the Ministers responsible for matters relating to civil aviation and any person or body authorised to perform any of those functions;
The term “designated airline” means an airline which has been designated and authorised in accordance with Article 4 of this Agreement;
The term “territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
The term “the Kingdom of the Netherlands” means the territory of the Kingdom of the Netherlands in Europe only;
The terms “air services”, “international air services”, “airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the Convention;
The terms “aircraft equipment”, “stores” and “spare parts” have the meaning respectively assigned to them in Chapter 1 of Annex 9 of the Convention;
The term “tariff” means the fares or cargo rates to be charged and any conditions upon which those fares or cargo rates depend, including prices and conditions for agency and other auxiliary services but excluding renumeration and conditions for the carriage of mail;
The term “capacity” means the pay load of an aircraft available on the route or section of route; and
The term “Agreement” means this Agreement, its annex and any amendments thereto.
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the appropriate section of the annexed Schedule, thereinafter called “the agreed services” and “the specified routes” respectively.
Subject to the provisions of this Agreement, the airlines designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:
to fly without landing across the territory of the other Contracting Party;
to make stops in the said territory for non-traffic purposes;
to make stops in the said territory at the points named on the specified routes for the purpose of taking on board and discharging international traffic in passengers, cargo and mail.
Nothing in paragraph (2) of this Article shall be deemed to confer on the airlines of the Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
The provisions of the International Air Service Transit Agreement done at Chicago on the seventh day of December, 1944, shall apply between the Contracting Parties as if both Contracting Parties had accepted that Agreement.
The laws, regulations and procedures of one Contracting Party relating to admission to or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by a designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.
The laws and regulations of a Contracting Party respecting entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of crews, passengers, cargo and mail upon entrance into, departure from and while within the territory of such Contracting Party.
Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes.
On receipt of such designation the other Contracting Party shall, subject to the provisions of paragraph (3) and (4) of this Article, without delay grant to the designated airline the appropriate operating authorisations.
The aeronautical authorities of either Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.
Each Contracting Party shall have the right to refuse to grant the operation authorisations referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
When an airline has been designated and authorised in accordance with the provisions of this Article, it may begin at any time to operate the agreed services, provided that a tariff established in accordance with the provisions of Article 9 of this Agreement is in force in respect of that service.
Each Contracting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified in Article 2 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:
in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals; or
in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights; or
in any case where the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement and its Annex.
Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.
Aircraft operated on international air services by the designated airlines of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other similar charges on arriving in the territory of the other Contracting Party, provided such equipment, parts and supplies remain on board the aircraft up to such time as they are re-exported or are used on the part of the journey performed over that territory.
There shall also be exempt from the same duties, fees and charges, with the exception of charges corresponding to the services performed:
aircraft stores taken on board in the territory of a Contracting Party, within limits fixed by the authorities of the said Contracting Party, and for use on board outbound aircraft engaged in an international air service of the designated airline of the other Contracting Party;
spare parts introduced into the territory of a Contracting Party for the maintenance or repair of aircraft used on international air services by the designated airline of the other Contracting Party;
fuel and lubricants destined to supply outbound aircraft operated on international air services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party hi which they are taken on board.
Materials referred to in sub-paragraphs (a), (b), and (c) above may be required to be kept under customs supervision or control.
The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that territory. In such cases they may be placed under the supervision of the customs authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified routes between and beyond their respective territories.
In operating the agreed services the airline of each Contracting Party shall take into account the interests of the airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.
The agreed services provided by the designated airline of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provisions, at a reasonable load factor, of capacity adequate for the current and reasonably anticipated requirement for the carriage of passengers and cargo including mail originating from or destined for the territory of the Contracting Party which has designated the airline.
Provisions for the carriage of passengers and cargo including mail both taken on board and discharged at points on the specified routes in the territory of States other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
traffic requirements to and from the territory of the Contracting Party which has designated the airline;
traffic requirements of the area through which the agreed services pass, after taking account of other transport services established by airlines of the States comprising the area; and
the requirements of through airline operation.
Article 8. Provision of statistics
The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the first Contracting Party. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services.
Tariffs to be charged by the airlines of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, and the tariffs of other airlines.
The tariffs referred to in paragraph 1 of this Article shall, if possible, be agreed by the airlines concerned of both Contracting Parties, after consultation with the other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.
The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least sixty days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
This approval shall be given expressly. If the designated airline cannot agree on a tariff in accordance with paragraph (2) of this Article, or if during the first thirty (30) days of the sixty (60) days' period referred to in paragraph (3) of this Article one aeronautical authority gives the other aeronautical authority notice of its dissatisfaction with any tariff agreed in accordance with paragraph (2) of this Article, the aeronautical authorities of the Contracting Parties shall attempt to determine the tariff by agreement between themselves.
If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this Article, or on the determination of any tariff under paragraph 4 of this Article, the dispute shall be settled in accordance with the provisions of Article 16 of the present Agreement.
The tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless a tariff shall not be prolonged by virtue of this paragraph for more than twelve months after the date on which it otherwise would have expired.
Subject to the provisions of paragraph (5) of this Article, no tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.
The designated airline of either Contracting Party may not charge tariffs different from those which have been approved in conformity with paragraph 2 above.
Both Contracting Parties shall endeavour to establish efficient mechanisms within their own jurisdiction to investigate tariff violations and take the necessary corrective measures including the imposition of uniform and consistent sanctions.
Each Contracting Party grants to the airline of the other Contracting Party the right of free transfer to its Head Office in convertible currency of the excess of receipts over expenditure, obtained by each in relation to the agreed services.
Such transfers shall be granted regularly and currently and shall be based on prevailing foreign exchange market rates applicable to current payments. No charges, other than normal bank charges, shall be applicable to such transfers.
The revenues not directly related with the agreed services shall be subject to the relevant national regulations for the transfer of foreign currency earned by a foreign commercial enterprise.
Article 11. Fees and other charges
The charges imposed in the territory of either Contracting Party for the use of airports and other aviation facilities on the aircraft of a designated airline of the other Contracting Party shall not be higher than those imposed on aircraft of other airlines engaged in similar international air services.
For the co-ordination of commercial and technical matters concerning the operation of the agreed services each Contracting Party shall grant to the airline of the other Contracting Party actually operating the agreed services the right to station representatives and their assistants in the territory of the first Contracting Party where its designated airline operates the regular flights.
The total number of the officers and the number of the representatives designated by each airline from its citizens shall be settled by agreement between the aeronautical authorities of the Contracting Parties.
Article 13. Consultations between aeronautical authorities
In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view of ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement.
If either of the Contracting Parties considers it desirable to modify any provisions of the present Agreement or its Annex, it may request consultations with the other Contracting Party. Such consultations, which may be between the respective aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request.
Any modifications of the present Agreement decided upon during the consultations referred to in paragraph 1 above, shall be agreed upon in writing between the Contracting Parties and shall take effect on the date on which the Contracting Parties have informed each other in writing that the formalities constitutionally required therefore in their respective countries have been complied with.
The respective aeronautical authorities are entitled to agree in writing upon any modifications of the Annex to the present Agreement decided by them during the consultations referred to in paragraph 1 above. Such modifications shall take effect on a date to be determined in an exchange of diplomatic notes.
If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first instance endeavour to settle it by negotiation.
If the Contracting Parties fail to reach a settlement by negotiation, the dispute shall at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators. Each Contracting Party shall nominate an arbitrator and the third shall be appointed as President by the two so nominated. Each Contracting Party shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of thirty (30) days.
If a Contracting Party fails to nominate an arbitrator within the specified period, or if the third arbitrator is not appointed within the specified period either Contracting Party may request the President of the Council of the International Civil Aviation Organization to appoint the arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State. The arbitral tribunal shall determine its own procedure and shall decide on the apportionment of costs.
The Contracting Parties shall comply with all provisional orders and final decisions given by an arbitral tribunal under paragraph (2) and (3) of this Article.
Either Contracting Party may at any time give notice to the other Contracting Party of its intention to terminate this Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case this Agreement shall terminate twelve (12) months after 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 absence of acknowledgement of receipt by the other Contracting Party, such notice shall be deemed to have been received fourteen (14) days after receipt of the notice by the International Civil Aviation Organization.
Article 20. Entry into force
This Agreement shall supersede any other Air Transport Agreement previously concluded between the two Contracting Parties and shall be applied on a provisional basis from the date it is signed and enter into force on the date of the last notification by either Contracting Party to the other that it has complied with its constitutional requirements for its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorised for the purpose by their respective Governments, have signed this Agreement.
DONE in duplicate at Dar es Salaam in the English language this third day of February 1979.
(sd.) A. VAN DER WILLIGEN
For the Government of the Kingdom of the Netherlands.
(sd.) A. H. JAMAL
For the Government of the United Republic of Tanzania.