Overeenkomst inzake luchtvervoer tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Korea

(1). For the purpose of the present Agreement, unless the context otherwise requires:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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.
(2). 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.

(1). Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing the agreed services.
(2). Subject to the provisions of the present Agreement, an airline designated by each Contracting Party shall enjoy the following privileges:
(a) to fly without landing across the territory of the other Contracting Party;
(b) to make stops in the said territory for non-traffic purposes; and
(c) 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.
(3). 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.

1. Each Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one or more airlines to operate international air services on the routes specified in the Annex and to substitute another airline for an airline previously designated.
2. On receipt of such a notification, and of an application from the designated airline, in the form and manner prescribed for operating authorizations, each Contracting Party shall, without delay, grant to the airline(s) so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article, provided that:
a) in the case of the airline(s) designated by the Kingdom of the Netherlands: (i) it is established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid operating license issued by a European Union Member State in accordance with European Union law, and
(ii) effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its air operator’s certificate and the relevant aeronautical authority is clearly identified in the designation, and
(iii) the airline has its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, and
(iv) the airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States; and
(i) it is established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid operating license issued by a European Union Member State in accordance with European Union law, and
(ii) effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its air operator’s certificate and the relevant aeronautical authority is clearly identified in the designation, and
(iii) the airline has its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, and
(iv) the airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States; and
b) in the case of the airline(s) designated by the Republic of Korea: (i) it is established in the territory of the Republic of Korea and has a valid operating license issued by the Republic of Korea in accordance with the applicable laws and regulations of the Republic of Korea, and
(ii) effective regulatory control of the airline is exercised and maintained by the Republic of Korea and the relevant aeronautical authority is clearly identified in the designation, and
(iii) the airline is owned, directly or through majority ownership, and is effectively controlled by the Republic of Korea and/or by nationals of the Republic of Korea; and
(i) it is established in the territory of the Republic of Korea and has a valid operating license issued by the Republic of Korea in accordance with the applicable laws and regulations of the Republic of Korea, and
(ii) effective regulatory control of the airline is exercised and maintained by the Republic of Korea and the relevant aeronautical authority is clearly identified in the designation, and
(iii) the airline is owned, directly or through majority ownership, and is effectively controlled by the Republic of Korea and/or by nationals of the Republic of Korea; and
c) the Contracting Party designating the airline(s) is maintaining and administering the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; and
d) the designated airline 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.
3. Upon receipt of the operating authorizations referred to in paragraph 2 of this Article, the designated airline(s) may begin to operate the agreed services, provided that it complies with the provisions of this Agreement.

1. Each Contracting Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an airline designated by the other Contracting Party where:
a) in the case of the airline(s) designated by the Kingdom of the Netherlands: (i) it is not established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union or does not have a valid operating license issued by a European Union Member State in accordance with European Union law, or
(ii) effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its air operator’s certificate or the relevant aeronautical authority is not clearly identified in the designation, or
(iii) the airline does not have its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, or
(iv) the airline is not owned, directly or through majority ownership, or is not effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States, or
(v) the airline is already authorized to operate under a bilateral agreement between the Republic of Korea and another European Union Member State and the Republic of Korea can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other European Union Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement, or
(vi) the airline holds an air operator’s certificate issued by a European Union Member State and there is no bilateral air services agreement between the Republic of Korea and that European Union Member State, and that European Union Member State has denied traffic rights to the airline designated by the Republic of Korea; and
(i) it is not established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union or does not have a valid operating license issued by a European Union Member State in accordance with European Union law, or
(ii) effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its air operator’s certificate or the relevant aeronautical authority is not clearly identified in the designation, or
(iii) the airline does not have its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, or
(iv) the airline is not owned, directly or through majority ownership, or is not effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States, or
(v) the airline is already authorized to operate under a bilateral agreement between the Republic of Korea and another European Union Member State and the Republic of Korea can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other European Union Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement, or
(vi) the airline holds an air operator’s certificate issued by a European Union Member State and there is no bilateral air services agreement between the Republic of Korea and that European Union Member State, and that European Union Member State has denied traffic rights to the airline designated by the Republic of Korea; and
b) in the case of the airline(s) designated by the Republic of Korea: (i) it is not established in the territory of the Republic of Korea or has no valid operating license in accordance with the applicable laws and regulations of the Republic of Korea, or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Republic of Korea or the relevant aeronautical authority is not clearly identified in the designation, or
(iii) the airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of Korea and/or by nationals of the Republic of Korea; or
(i) it is not established in the territory of the Republic of Korea or has no valid operating license in accordance with the applicable laws and regulations of the Republic of Korea, or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Republic of Korea or the relevant aeronautical authority is not clearly identified in the designation, or
(iii) the airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of Korea and/or by nationals of the Republic of Korea; or
c) the Contracting Party is not maintaining or not administering the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; or
d) the airline failed to comply with the laws and regulations normally and reasonably applied to the operations of international air services by the Contracting Party granting the rights.
2. Unless immediate action is essential to prevent further non-compliance with paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultation shall begin within a period of thirty (30) days from the date of receipt of the request.

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:
(a) 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
(b) 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.

(1). 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.
(2). Wherever the payments system between the Contracting Parties is governed by a special agreement, such an agreement shall apply.

(1). 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.
(2). 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.

(1). 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.
(2). 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.
(3). 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:
(a) 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;
(b) the requirements of through airline operations;
(c) the air transport needs of the area through which the airline passes after taking into account local and regional services; and
(d) the adequacy of other air transport services established by the airline of either Contracting Party and of other States concerned between their respective territories.

(1). 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.
(2). 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.
(3). 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.
(4). 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.
(5). 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.
(6). No tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.
(7). 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.

1. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crew, aircraft or the operation of aircraft. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any of the areas referred to in paragraph 1 of this Article that meet the standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those standards, and the other Contracting Party shall take appropriate corrective action within fifteen (15) days or such longer period as may be agreed. Failure by the other Contracting Party to take appropriate action within the agreed period shall be grounds for the application of Article 3bis of this Agreement.
3. Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or, where approved, on behalf of an airline of one Contracting Party, on service to or from the territory of the other Contracting Party, may, while within the territory of the other Contracting Party, be the subject of a search on board and around the aircraft by the authorized representatives of the other Contracting Party to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not cause unreasonable delay in the operation of the aircraft.
4. If such ramp inspection or series of ramp inspections gives rise to:
a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or
b) serious concerns that there is a lack of effective maintenance and administration of the safety standards established at that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Convention, be free to conclude that the requirements under which the certificates or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.
5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by a designated airline of one Contracting Party in accordance with paragraph 3 of this Article is denied by a representative of that airline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred to in that paragraph.
6. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspections, consultations or otherwise, that immediate action is essential to ensure the safety of an airline operation.
7. Any action by one Contracting Party in accordance with paragraph 2 or 6 of this Article shall be discontinued once the basis for taking that action ceases to exist.
8. Where the Kingdom of the Netherlands has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the Republic of Korea under this Article shall apply equally in respect of the adoption, exercise and maintenance of safety standards by that other European Union Member State and in respect of the operating authorization of that airline.

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for Purpose of Detection, done at Montreal on 1 March 1991, and any other aviation security agreement that becomes binding on both Contracting Parties.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. The Contracting Parties shall require that their airlines and the operators of airports in their territory act in conformity with such aviation security provisions.
4. Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for the entry into, departure from, or while within the territory of that other Contracting Party. For the entry into, departure from, or while within the territory of the Republic of Korea, airlines shall be required to observe aviation security provisions in conformity with the laws and regulations of the Republic of Korea. For the entry into, departure from, or while within the territory of the Kingdom of Netherlands, airlines shall be required to observe aviation security provisions in accordance with European Union law.
5. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo, in-flight catering and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
6. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
7. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.
8. Failure to reach a satisfactory agreement within fifteen (15) days from the start of such consultations shall constitute grounds for withholding, revoking, suspending, limiting or imposing conditions on the operating authorization of an airline or airlines designated by the other Contracting Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action at any time.

(1). 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.
(2). 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.
(3). Unless otherwise provided by the Contracting Parties, the arbitral body shall determine its seat and prescribe its own rules of procedure.
(4). 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.
(5). The Contracting Parties undertake to comply with any decision given under paragraphs (2), (3) and (4) of this Article.

(1). 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.
(2). 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.

(1). 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.
(2). As regards the Kingdom of the Netherlands, the Agreement shall be applicable to the Kingdom in Europe only.