The Kingdom of the Netherlands in respect of the Netherlands Antilles and the United States of America (hereinafter, “the Parties");
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 transport opportunities;
Desiring to make it possible for airlines to offer the travelling and shipping 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;
Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation; and
Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944;
Have agreed as follows:
Each Party shall allow prices for air transportation to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Parties shall be limited to:
a) prevention of unreasonably discriminatory prices or practices;
b) protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and
c) protection of airlines from prices that are artificially low due to direct or indirect governmental subsidy or support.
Each Party may require notification to or filing with its aeronautical authorities of prices to be charged to or from its territory by airlines of the other Party. Notification or filing by the airlines of both 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 Party shall require the notification or filing by airlines of the other Party of prices charged by charterers to the public, except as may be required on a non-discriminatory basis for information purposes.
Neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by (i) an airline of either Party for international air transportation between the territories of the Parties, or (ii) an airline of one Party for international air transportation between the territory of the other Party and any other country, including in both cases transportation on an interline or intraline basis. If either Party believes that any such price is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall go into effect or continue in effect.
Air transport agreement between the Kingdom of the Netherlands in respect of the Netherlands Antilles and the United States of America relating to air transport between the Netherlands Antilles and the United States of America
Article 1. Definitions
Article 2. Grant of Rights
Article 3. Designation and Authorization
Article 4. Revocation of Authorization
Article 5. Application of Laws
Article 6. Safety
Article 7. Aviation Security
Article 8. Commercial Opportunities
Article 9. Customs Duties and Charges
Article 10. User Charges
Article 11. Fair Competition
Article 12. Pricing
Article 13. Consultations
Article l4. Settlement of Disputes
Article 15. Termination
Article 16. Registration with ICAO
Article 17. Entry into Force
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