Overeenkomst inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Korea
The Government of the Kingdom of the Netherlands and
the Government of the Republic of Korea,
hereinafter described as the Contracting Parties,
Being parties to the Convention on International Civil Aviation and the International Air Services Transit Agreement both opened for signature at Chicago on the seventh day of December, 1944, and
Desiring to conclude an Agreement for the purpose of establishing and operating air services between and beyond their respective territories,
For the purpose of the present Agreement, unless the context otherwise requires:
the term “aeronautical authorities” means, in the case of the Republic of Korea, the Minister of Transportation and/or any person or body authorized to perform any function exercised at present by the said Minister of Transportation or similar functions, and, in the case of the Kingdom of the Netherlands, the Director General of Civil Aviation and/or any person or body authorized to perform any function exercised at present by the said Director General or similar functions;
the term “designated airline” means an airline which one Contracting Party shall have designated, by written notification to the other Contracting Party, in accordance with Article 3 of the present Agreement, for the operation of the air services on the routes specified in the Annex hereto;
the term “territory” in relation to a Contracting Party means the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection, trusteeship or administration of that Contracting Party;
the term “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 amendment of the Annexes or Convention under Articles 90 and 94 thereof;
the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the Convention;
the term “agreed services” means any scheduled air service operated on the routes specified in the Annex to this Agreement or as modified in accordance with paragraph (2) of Article 13 of the present Agreement.
The Annex forms an integral part of the present Agreement and all references to the “Agreement” shall be deemed to include the Annex except where otherwise provided.
Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing the agreed services.
Subject to the provisions of the present Agreement, an airline designated by each Contracting Party shall enjoy the following privileges:
to fly without landing across the territory of the other Contracting Party;
to make stops in the said territory for non-traffic purposes; and
to make stops in the said territory at the points enumerated on any route specified in the Annex to the present Agreement for the purpose of putting down and taking on international traffic in passengers, cargo and mail coming from or destined for other points so specified.
Nothing in paragraph (2) of this Article shall be deemed to confer on an airline of one Contracting Party the privilege of taking up, 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.
Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services.
On receipt of such designation, the other Contracting Party, through its aeronautical authorities, shall, subject to the provisions of paragraphs (3) and (4) of this Article, grant without undue delay to an airline designated the appropriate operating authorization.
The aeronautical authorities of one 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 by them in a manner not inconsistent with the Convention to the operation of international commercial air services.
Each Contracting Party shall have the right to refuse to accept the designation of an airline and to withhold or revoke the grant to an airline of the operating authorization referred to in paragraph (2) of this Article or to impose such conditions as it may deem necessary in the exercise by an airline of the privileges specified in such authorization 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.
Each Contracting Party shall have the right to suspend the exercise by an airline of the privileges specified in paragraph (2) of Article 2 or to impose such conditions as it may deem necessary on the exercise by an airline of those privileges in any case where the airline fails to comply with the laws and regulations referred to in Article 7 hereof or otherwise fails to operate in accordance with the conditions prescribed in the present Agreement, provided that, unless immediate suspension or imposition of conditions is essential to prevent further infringements of laws or regulations, this right shall be exercised only after consultation with the other Contracting Party.
Aircraft operated on the agreed services by a designated airlines of either Contracting Party, as well as fuel, lubricating oils, spare parts, regular aircraft equipment and aircraft stores introduced into the territory of one Contracting Party, or taken on board aircraft in that territory, by or on behalf of the other Contracting Party or its designated airlines and intended solely for use by or in the aircraft of those airlines shall be accorded the following treatment by the first Contracting Party in respect of customs duties, inspection fees and other similar national or local duties and charges:
in the case of fuel, lubricating oils, spare parts, regular aircraft equipment and aircraft stores remaining on board aircraft at the last airport of call before departure from the said territory, exemption; and
in the case of fuel, lubricating oils, spare parts, regular aircraft equipment and aircraft stores not included under (a), treatment not less favourable than that accorded to similar supplies introduced into the said territory and intended for use by or in the aircraft of a national airlines of the first Contracting Party, or of the most favoured foreign airlines, engaged in international air services. This treatment shall be in addition to and without prejudice to that which each Contracting Party is under obligation to accord under Article 24 of the Convention.
A designated airline of either Contracting Party is authorized to maintain in the territory of the other Contracting Party its own technical and administrative personnel for the purpose of operating the agreed services, without prejudice to the national regulations of the respective Contracting Parties.
Either Contracting Party grants to a designated airline of the other Contracting Party the free transfer, in United States dollars or, if both parties agree, in any other authorized currency at the rate of exchange in the official market at the time of the remittance, the excess over expenditures of receipts earned in the territory of the first Contracting Party in connection with the operation of the agreed services by such designated airline. The procedure for such remittance, however, shall be in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue accrued.
Wherever the payments system between the Contracting Parties is governed by a special agreement, such an agreement shall apply.
The laws and regulations of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of an airline designated by the other Contracting Party, 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 entrance into, stay within 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 upon entrance into or departure, or while within the territory of the first Party.
A designated airline of each Contracting Party shall enjoy fair and equal opportunity for the operation of the agreed services for the carriage of traffic between the territories of the two Parties.
In the operation of the agreed services by a designated airline of either Contracting Party, the interest of a designated airline of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provide on all or part of the same route.
The services provided by a designated airline on the specified routes shall retain, as their primary objective, the provision of capacity adequate to the traffic demands between the country of which such airline is a national and the country of ultimate destination of the traffic. The right of a designated airline of either Contracting Party to embark and to disembark, at points in the territory of the other Contracting Party, international traffic destined for or coming from third countries on the specified air routes shall be applied in accordance with the general principles of orderly development to which both Contracting Parties subscribe and shall be subject to the general principles that capacity shall be related to:
the traffic requirements between the territory of the Contracting Party which has designated an airline and the destinations of the traffic on the specified air routes;
the requirements of through airline operations;
the air transport needs of the area through which the airline passes after taking into account local and regional services; and
the adequacy of other air transport services established by the airline of either Contracting Party and of other States concerned between their respective territories.
The tariffs to be charged by the airline of one Contracting Party for the 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, characteristics of service (such as standards of speed and accommodation) and the tariffs of other airlines as applied on the specified routes or sections thereof.
The tariffs referred to in paragraph (1) of this Article, together with the rates of agency commission used in conjunction therewith, shall, if possible, be agreed by the designated airlines concerned of both Contracting Parties, in consultation, where it is deemed suitable, with other airlines operating over the whole or part of the route, and such agreement shall, where possible, be reached through the ratefixing machinery of the International Air Transport Association.
The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of the Contracting Parties at least ninety (90) days before the proposed date of their introduction; in special cases, this time limit may be reduced, subject to the agreement of the said authorities.
If the designated airlines concerned cannot agree on any of these tariffs, or if for some other reason a tariff cannot be fixed in accordance with paragraph (2) of this Article, or if during the first thirty (30) days of the ninety (90) days' period referred to in paragraph (3) of this Article one Contracting Party gives the other Contracting Party notice of its dissatisfaction with any tariff agreed in accordance with the provisions of paragraph (2) of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by agreement between themselves.
If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph (3) of this Article and on the determination of any tariff under paragraph (4), the dispute shall be settled in accordance with the provisions of Article 12 of the present Agreement.
No tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.
The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.
In order to promote close collaboration in all matters affecting the performance of this Agreement and to promote every possible mutual cooperation and assistance between the designated airlines of both Parties for the fair and balanced operation of the agreed air services the aeronautical authorities of the Contracting Parties shall consult on request of either of the authorities.
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.
If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves. This negotiation shall begin within sixty (60) days after receipt of the request by one Party from the other.
If the Contracting Parties fail to reach a settlement by negotiation, the dispute shall be submitted for decision to a tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall designate its arbitrator within two (2) months from the date of delivery by either Party to the other Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within one (1 ) month after such period of two (2) months. If either Contracting Party fails to designate its arbitrator within the period specified, or if the third arbitrator is not agreed, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators, as the case requires. In such case the third arbitrator shall be a national of a third state and shall act as President of the arbitral body.
Unless otherwise provided by the Contracting Parties, the arbitral body shall determine its seat and prescribe its own rules of procedure.
The arbitral body shall endeavour to resolve the dispute by unanimous vote. However, if this is not possible, the dispute shall be resolved by majority vote.
The Contracting Parties undertake to comply with any decision given under paragraphs (2), (3) and (4) of this Article.
If either of the Contracting Parties considers it desirable to amend the terms of the present Agreement, it may request consultation with the other Contracting Party. Such consultation shall begin within a period of sixty (60) days from the date of the request. Any amendment so agreed shall come into effect after confirmation thereof by an exchange of diplomatic notes.
Modifications to routes shall not be considered as an amendment to the present Agreement, and may be made by direct agreement between the aeronautical authorities of the Contracting Parties.
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organization. If such notice is given, the present Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement between the Contracting Parties before the expiration of that period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
If a general multilateral convention concerning air transport comes into force in respect of both Contracting Parties, the present Agreement shall be amended so as to conform with the provisions of such convention.
The present Agreement and any amendment thereto in accordance with Article 13 hereof shall be registered with the International Civil Aviation Organization.
The present Agreement shall be approved by each Contracting Party in compliance with its legal procedure and shall enter into force on the day of the exchange of diplomatic notes confirming such approval.
As regards the Kingdom of the Netherlands, the Agreement shall be applicable to the Kingdom in Europe only.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed this Agreement and affixed thereto their seals.
DONE at The Hague on 24 June 1970 in duplicate in the English language.
For the Government of the Kingdom of the Netherlands:
(sd.) J. LUNS
For the Government of the Republic of Korea:
(sd.) JIN SANG AN