Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Koninklijke Afghaanse Regering inzake instellen en onderhouden van luchtdiensten

Each Contracting Party grants to the other Contracting Party the rights specified in the Annex to this Agreement for the purpose of the establishment of air services (hereinafter referred to as „agreed services”), on the routes described therein (hereinafter referred to as „specified routes”).

1. The agreed services may be inaugurated immediately or at a later date at the option of the Contracting Party to whom the rights are granted, on condition that
a. the Contracting Party to whom the rights have been granted has designated an airline (hereinafter referred to as „designated airline”) for the specified routes, and
b. the Contracting Party granting the rights has given the appropriate operating permission to the airline concerned; which it shall, subject to the provisions of paragraph (2) of this Article and of Article 7, be bound to grant without undue delay.
2. The designated airline of either Contracting Party may be required to satisfy the Aeronautical Authorities of the other Contracting Party that it is qualified to fulfil the conditions prescribed by or under the laws and regulations normally applied by those authorities to the operations of international air services.

In order to prevent discriminatory practices and to assure equality of treatment, it is agreed that:
a. supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of the designated airline of one Contracting Party on arrival in the territory of the other Contracting Party shall be exempt from all national duties and charges including customs duties and inspection fees even though such supplies are used by such aircraft on flights in that territory. The goods so exempted shall not be unloaded except with the approval of the customs authorities of the other Contracting Party, and if unloaded shall be kept under customs supervision until required for use of the aircraft in question or reexportation;
b. supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores introduced into or taken on board aircraft of one Contracting Party in the territory of the second Contracting Party by or on behalf of the designated airline of the first Contracting Party and intended solely for use in the operation of an agreed service shall be exempt from all national duties and charges including customs duties and inspection fees imposed in the territory of the second Contracting Party, even though such supplies are used by such aircraft on flights in that territory. The goods so introduced shall be kept under customs supervision until required for the use in question or reexportation.

In order to maintain equilibrium between the capacity of the agreed services and the requirements of the public for air transport on the specified routes and in order to maintain proper relationship between the agreed services and other air services operating on the agreed routes or sections thereof, the Contracting Parties agree as follows:
1. In the operation by the designated airline of either Contracting Party of the agreed services described in the present Annex, the interest of the airline of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes.
2. The air transport services available under the present Agreement on different sections of the specified routes shall bear a close relationship to the current and reasonably anticipated requirements of the public for such transport.
3. The services provided by a designated airline under the present Agreement and its Annex 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 to embark and to disembark on such services international traffic destined for or coming from third countries at a point or points specified in the Schedule attached 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 principle that capacity should be related: a. to traffic requirements between the country of origin and the countries of destination,
b. to the requirements of through airline operation, and
c. to the traffic requirements of the area through which the airline passes after taking account of local and regional services.
a. to traffic requirements between the country of origin and the countries of destination,
b. to the requirements of through airline operation, and
c. to the traffic requirements of the area through which the airline passes after taking account of local and regional services.

1. The Aeronautical Authorities of both Contracting Parties shall exchange information as promptly as possible concerning the current authorizations extended to their respective designated airlines to render services to, through and from the territory of the other Contracting Party. This will include copies of current certificates and authorizations for service on the specified air routes, together with amendments, exemption orders and authorized service patterns.
2. Each Contracting Party shall cause its designated airline to provide to the Aeronautical Authorities of the other Contracting Party, as long in advance as practicable, copies of time tables, traffic schedules including any modification thereof, and all other relevant information concerning the operation of the agreed services including information about the capacity provided on each of the specified routes and any further relevant and reasonable information as may be required to satisfy the Aeronautical Authorities of the other Contracting Party that the requirements of this Agreement are being duly observed.
3. Each Contracting Party shall cause its designated airline to provide to the Aeronautical Authorities of the other Contracting Party statistics relating to the traffic carried on the agreed services, showing the origin and destination of that traffic.

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 navigation, or to the operation and navigation of such aircraft while within its territory shall be equally applied to the aircraft of the designated airline 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 former party.
2. 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 of the other Contracting Party upon entrance into, departure from or while within the territory of the former party.

Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement by a designated airline of the other Contracting Party in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in nationals of the other Contracting Party, or in case of failure of that airline 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.

1. Rates shall be fixed at reasonable levels, due regard being paid to all relevant factors, including cost of comparable economical operation, reasonable profit and differences of characteristics of service.
2. The rates to be charged by the designated airline of each Contracting Party in respect of traffic carried under this Agreement to or from the territory of the other Contracting Party shall be agreed in the first instance between the designated airlines of both Contracting Parties and shall have regard to relevant rates adopted by the International Air Transport Association. Any rates so agreed shall be subject to the approval of the Aeronautical Authorities of both Contracting Parties.
In the event of disagreement between the Airlines and/or the Aeronautical Authorities the Contracting Parties themselves shall endeavour to reach Agreement and will take all necessary steps to give effect to such Agreement. Should the Contracting Parties fail to agree, the dispute shall be dealt with in accordance with Article 11. Pending settlement of any disagreement, the rates already established shall prevail.

This Agreement and all contracts connected therewith shall be registered with the International Civil Aviation Organization.

1. If either of the Contracting Parties considers it desirable to modify any provision or provisions of the Agreement, or its Annex, the competent Aeronautical Authorities of the Contracting Parties shall consult in order to realise such modification(s). Such consultation shall begin within a period of 60 days from the date of the request. In case the said authorities arrive at an understanding about the modifications to be made, said modifications shall come into force after having been confirmed by an exchange of diplomatic notes.
2. Changes made by either Contracting Party in the specified routes except the change of points served by its designated airline in the territory of the other Contracting Party, shall not be considered as modifications of this Agreement. The Aeronautical Authorities of either Contracting Party may therefore proceed unilaterally to make such changes provided, however, that notice of any change shall be given without delay to the Aeronautical Authorities of the other Contracting Party.

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.
2. If the Contracting Parties fail to reach a settlement by negotiation,
a. they may agree to refer the dispute for decision to an arbitral tribunal or some other person or body appointed by agreement between them; or
b. if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal they cannot reach agreement as to its composition, either Contracting Party may submit the dispute for decision to any tribunal competent to decide it, established within the International Civil Aviation Organization, or, if there be no such tribunal, to the International Court of Justice.
3. The Contracting Parties undertake to comply with any decision given, including any interim recommendations made, under paragraph (2) of this Article.
4. If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with the requirements of paragraph (3) of this Article, the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue of the present Agreement.

Each Contracting Party may at any time give notice to the other of its desire to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization.
The present Agreement shall terminate not less than twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by mutual agreement before the expiration of the said 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.

In the event of the conclusion of a multilateral convention or agreement concerning air transport to which both Contracting Parties adhere, this Agreement shall be modified to conform with the provision of such convention or agreement.

The Annex to this Agreement shall be deemed to be part of the Agreement and all references to the „Agreement” shall include references to the Annex, except where otherwise expressly provided.

The present Agreement shall be provisionally applicable from the date of its signature and shall come into force on a date to be laid down in an exchange of notes stating that the formalities required by the national legislation of each Contracting Party have been accomplished.