Artikel 3

1. Either Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one or more Airline(s) 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 application from the Designated Airline, in the form and manner prescribed for operating authorization and technical permission, 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, unless it is not satisfied that:
a) in the case of an Airline designated by the Kingdom of the Netherlands: i. it is established in the Territory of the Kingdom of the Netherlands under the European Union Treaties and has a valid operating licence in accordance with European Union law; and
ii. effective regulatory control of the Airline is exercised and maintained by the EU 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 is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;
i. it is established in the Territory of the Kingdom of the Netherlands under the European Union Treaties and has a valid operating licence in accordance with European Union law; and
ii. effective regulatory control of the Airline is exercised and maintained by the EU 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 is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;
b) in the case of an Airline designated by the Republic of the Union of Myanmar: i. it is established in the Territory of the Republic of the Union of Myanmar and has a valid Operating Licence in accordance with applicable law of the Republic of the Union of Myanmar; and
ii. effective regulatory control of the Airline is exercised and maintained by the Republic of the Union of Myanmar; and
iii. the Airline is owned, directly or through majority ownership, and it is effectively controlled by the Republic of the Union of Myanmar and/or by nationals of such State; and that:
i. it is established in the Territory of the Republic of the Union of Myanmar and has a valid Operating Licence in accordance with applicable law of the Republic of the Union of Myanmar; and
ii. effective regulatory control of the Airline is exercised and maintained by the Republic of the Union of Myanmar; and
iii. the Airline is owned, directly or through majority ownership, and it is effectively controlled by the Republic of the Union of Myanmar and/or by nationals of such State; and that:
c) the standards set forth in Article 18 (Safety) and Article 19 (Aviation Security) are being maintained and administered;
d) the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Transportation by the Contracting Party considering the application or applications.
3. Upon receipt of the operating authorization of paragraph 2 of this Article, the Designated Airline may at any time begin to operate the Agreed Services, in part or in whole, provided that it complies with the provisions of this Agreement.