Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Republiek Chili

1. For the purpose of this Agreement:
a) the term “Aeronautical Authorities” means for the Kingdom of the Netherlands, the Minister of Infrastructure and Water Management; for the Republic of Chile, the Civil Aeronautics Board; or, in either case, any person or body authorized to perform any functions at present exercised by the said Authorities;
b) the terms “Agreed Service” and “Route” mean International Air Service pursuant to this Agreement;
c) the term “Agreement” means this Agreement, its Annex, as well as any amendment to the Agreement or its Annex;
d) the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;
e) the term “Change of Aircraft” means the operation of one of the Agreed Services by a Designated Airline in such a way that one or more sectors of the Routes are flown by different aircraft;
f) the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of the Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or have been ratified by both Contracting Parties;
g) the term “Designated Airline” means the Airline which has been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
h) the term “Stores” means items of a readily consumable nature for use or sale on board an aircraft during flight including commissary supplies;
i) the term “Tariff” means any amount, fare, rate or charge, excluding governmental levies, charged or to be charged by Airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air transportation, including: (i) the conditions governing the availability and applicability of a Tariff; and
(ii) the charges and conditions for any services ancillary to such carriage as well as any other mode(s) of transportation in connection therewith which are offered by Airlines;
(i) the conditions governing the availability and applicability of a Tariff; and
(ii) the charges and conditions for any services ancillary to such carriage as well as any other mode(s) of transportation in connection therewith which are offered by Airlines;
j) the term “Territory” in relation to either Contracting Party has the meaning assigned to it in Article 2 of the Convention;
k) the term “User Charge” means a charge imposed by the competent authorities or permitted by them to be made on Airlines for the provision of airport, air navigation and/or aviation security property, facilities and/or services at the airport or within the airport system, including related services and facilities for aircraft, their crews, passengers and cargo;
l) the term “Capacity” means the amount(s) of services provided under this Agreement, usually measured in the number of frequencies or seats or tons of cargo offered in a market (city pair or country-to-country) or on a Route during a specific period, such as daily, weekly, seasonally or annually;
m) the term “Airport Slot” (or “Slot”) is the permission given by a coordinator to use the full range of airport infrastructure necessary to operate a planned Air Service at a coordinated airport on a specific date and time for the purpose of landing or take-off;
n) the term “European Union Member State” means a state that is now or in the future a party to the Treaty on European Union and the Treaty on the Functioning of the European Union;
o) (i) references in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of European Union Member States;
(ii) references in this Agreement to Airlines of the Kingdom of the Netherlands shall be understood as referring to Airlines designated by the Netherlands;
(iii) references in this Agreement to the “European Union Treaties” shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union;
(i) references in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of European Union Member States;
(ii) references in this Agreement to Airlines of the Kingdom of the Netherlands shall be understood as referring to Airlines designated by the Netherlands;
(iii) references in this Agreement to the “European Union Treaties” shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union;
p) the term “the Netherlands” means: (i) the European part of the Netherlands; and
(ii) the Caribbean part of the Netherlands;
(i) the European part of the Netherlands; and
(ii) the Caribbean part of the Netherlands;
q) the term “European part of the Netherlands” means the part of the Territory of the Kingdom of the Netherlands that is geographically situated in Europe;
r) the term “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius and Saba;
s) the term “residents of the Caribbean part of the Netherlands” means residents with the nationality of the Kingdom of the Netherlands originating from the Caribbean part of the Netherlands.
2. The applicable legislation for the European part of the Netherlands includes applicable legislation of the European Union.

1. Each Contracting Party grants to the other Contracting Party, without any limitations on Routes, the following rights for the conduct of International Air Service by the Designated Airline(s) of the other Contracting Party:
a) the right to fly across the Territory of the other Contracting Party without landing;
b) the right to make Stops for non-traffic purposes in the Territory of the other Contracting Party;
c) the right to make stops in its Territory for the purpose of taking up and discharging passengers, cargo and mail, either separately or in combination, while operating international air traffic from or to the other Contracting Party; and
d) the right to make stops in its Territory for the purpose of taking up and discharging passengers, cargo and mail, either separately or in combination, while operating international Routes from or to third countries, and the right to take up and discharge passengers, cargo, and mail, either separately or in combination in third countries, coming from or bound to the Territory of the other Contracting Party, through its own Territory.
2. Each Designated Airline may, when operating an Agreed Service on a Route, on any or all flights and at its option:
a) Operate flights in either or both directions;
b) Combine different flight numbers within one aircraft operation;
c) Serve behind, intermediate, and beyond points and points in the Territories of the Contracting Parties on the Routes in any combination and in any order;
d) Omit stops at any point or points;
e) Transfer traffic from any of its aircraft to any of its other aircraft at any point on the Routes;
f) Serve points behind any point or points in its Territory with or without Change of Aircraft or flight number and hold out and advertise such services to the public as through services;
g) Make stopovers at any points whether within or outside the Territory of the other Contracting Party;
h) Carry transit traffic through the other Contracting Party's Territory; and
i) Combine traffic on the same aircraft regardless of where such traffic originates,
without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement.
3. On any segment or segments of the Routes above, any Designated Airline may perform International Air Services without any limitation as to Change of Aircraft, at any point or points, in type or number of aircraft operated.
4. Designated Airlines may operate their services, both regular and non-regular, as frequently and with such aircraft as they may deem fit, on the Routes and under the conditions specified in this Agreement.
5. Irrespective of the Routes, Airport Slots shall have to be requested and allocated prior to the actual operation of flights to and from the Slot Coordinated Airports.
At points on the Routes, the Designated Airlines of one Contracting Party shall have the right to use all airways, airports and other facilities such as Slots, counters, etc., in the Territory of the other Contracting Party, on a non-discriminatory basis.

1. Either Contracting Party shall have the right to designate, by written notification through diplomatic channels to the other Contracting Party, one or more Airline(s) for the purpose of operating the Agreed Services on the Routes and to withdraw the designation of any Airline or to substitute another Airline for one previously designated or alter such designation.
2. Upon receipt of such a notification, and of application from the Designated Airline, in the form and manner prescribed for operating authorizations, each Contracting Party shall, with minimum procedural 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 an Airline in the European part of the Netherlands is designated by the Netherlands: (i) the Airline is established in the Territory of the Netherlands under the European Union Treaties and has a valid operating license 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 is owned and shall continue to be owned, directly or through majority ownership, by European Union Member States and/or nationals of European Union Member States, or by other States listed in the Annex of this Agreement and/or nationals of such other states, and shall at all times be effectively controlled by such states and/or nationals of such states;
(i) the Airline is established in the Territory of the Netherlands under the European Union Treaties and has a valid operating license 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 is owned and shall continue to be owned, directly or through majority ownership, by European Union Member States and/or nationals of European Union Member States, or by other States listed in the Annex of this Agreement and/or nationals of such other states, and shall at all times be effectively controlled by such states and/or nationals of such states;
b) in the case an Airline in the Caribbean part of the Netherlands is designated by the Netherlands: (i) the Airline is established in the Caribbean part of the Netherlands and has a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; and
(ii) effective regulatory control of the Airline is exercised and maintained by the Netherlands; and
(iii) the Airline is owned, directly or through majority ownership, and is effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
(i) the Airline is established in the Caribbean part of the Netherlands and has a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; and
(ii) effective regulatory control of the Airline is exercised and maintained by the Netherlands; and
(iii) the Airline is owned, directly or through majority ownership, and is effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
c) in the case an Airline is designated by the Republic of Chile: (i) the Airline is established in the Territory of the Republic of Chile and has a valid Operating License in accordance with applicable law of the Republic of Chile; and
(ii) effective regulatory control of the Airline is exercised and maintained by the Republic of Chile; and
(iii) the Airline is incorporated and has its principal place of business in the Territory of the Republic of Chile, and that:
(i) the Airline is established in the Territory of the Republic of Chile and has a valid Operating License in accordance with applicable law of the Republic of Chile; and
(ii) effective regulatory control of the Airline is exercised and maintained by the Republic of Chile; and
(iii) the Airline is incorporated and has its principal place of business in the Territory of the Republic of Chile, and that:
d) the Government designating the Airline is maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement; and
e) the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Services by the Contracting Party considering the application or applications.
3. Upon receipt of the operating authorization in accordance with paragraph 2 of this Article, the Designated Airline(s) may at any time begin to operate the Agreed Services for which it is so designated, in part or in whole, provided that it complies with the provisions of this Agreement.
4. 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 fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operations of International Air Services.

1. Either Contracting Party may, temporarily or permanently, withhold, revoke, suspend or limit the operating authorizations or technical permissions of an Airline designated by the other Contracting Party, when:
a) in the case an Airline in the European part of the Netherlands is designated by the Netherlands: (i) the Airline is not established in the Territory of the Netherlands under European Union Treaties or does not have a valid Operating License 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 is not owned and/or continues not to be owned, directly or through majority ownership, by European Union Member States and/or nationals of European Union Member States, or by other States listed in the í of this Agreement and/or nationals of such other states, and is not effectively controlled by such states and/or nationals of such states; or
(iv) the Airline holds an Air Operator’s Certificate issued by another European Union Member State or a State listed in the i of this Agreement, and the Republic of Chile considers that, by exercising traffic rights under this Agreement the Airline would be circumventing restrictions on traffic rights imposed by a bilateral agreement between the Republic of Chile and that other State; or
(v) the Airline holds an Air Operator’s Certificate issued by another European Union Member State or a State listed in the Annex of this Agreement, and there is no bilateral air services agreement between the Republic of Chile and that European Union Member State or other States listed in the Annex to this Agreement. In exercising its right under this paragraph, the Republic of Chile shall not discriminate between the Airlines designated by the Netherlands on the grounds of nationality.
(i) the Airline is not established in the Territory of the Netherlands under European Union Treaties or does not have a valid Operating License 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 is not owned and/or continues not to be owned, directly or through majority ownership, by European Union Member States and/or nationals of European Union Member States, or by other States listed in the í of this Agreement and/or nationals of such other states, and is not effectively controlled by such states and/or nationals of such states; or
(iv) the Airline holds an Air Operator’s Certificate issued by another European Union Member State or a State listed in the i of this Agreement, and the Republic of Chile considers that, by exercising traffic rights under this Agreement the Airline would be circumventing restrictions on traffic rights imposed by a bilateral agreement between the Republic of Chile and that other State; or
(v) the Airline holds an Air Operator’s Certificate issued by another European Union Member State or a State listed in the Annex of this Agreement, and there is no bilateral air services agreement between the Republic of Chile and that European Union Member State or other States listed in the Annex to this Agreement.
b) in the case an Airline in the Caribbean part of the Netherlands is designated by the Netherlands: (i) the Airline is not established in the Caribbean part of the Netherlands or does not have a valid Operating License in accordance with the appropriate legislation for the Caribbean part of the Netherlands; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the Netherlands; or
(iii) the Airline is not owned, directly or through majority ownership, or is not effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
(i) the Airline is not established in the Caribbean part of the Netherlands or does not have a valid Operating License in accordance with the appropriate legislation for the Caribbean part of the Netherlands; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the Netherlands; or
(iii) the Airline is not owned, directly or through majority ownership, or is not effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
c) in the case an Airline is designated by the Republic of Chile: (i) the Airline is not established in the Territory of the Republic of Chile or has no valid Operating License in accordance with applicable law of the Republic of Chile; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the Republic of Chile; or
(iii) the Airline is not incorporated and does not have its principal place of business in the Territory of the Republic of Chile.
(i) the Airline is not established in the Territory of the Republic of Chile or has no valid Operating License in accordance with applicable law of the Republic of Chile; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the Republic of Chile; or
(iii) the Airline is not incorporated and does not have its principal place of business in the Territory of the Republic of Chile.
d) in case that Airline has failed to comply with the laws and regulations referred to in Article 12 (Application of Laws, Regulations and Procedures) of this Agreement;
e) in case the other Contracting Party is not maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement; or
f) in the event such Airline fails to qualify before the Aeronautical Authorities of the Contracting Party assessing the authorization, under the laws and regulations normally and reasonably applied to the operation of International Air Services by these Authorities in conformity with the Convention; or
g) in case the Airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate action is essential to prevent further non-compliance with the conditions referred to in 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 consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
3. This Article does not limit the rights of either Contracting Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Contracting Party in accordance with the provisions of Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement.

1. Each Contracting Party shall allow Tariffs for Air Services to be established by each Designated Airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
a) prevention of unreasonably discriminatory Tariffs or practices;
b) protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and
c) protection of Airlines from Tariffs that are artificially low due to direct or indirect governmental subsidy or support.
2. Each Contracting Party may, for information purposes only, require notification to its Aeronautical Authorities of any Tariff to be charged to or from its Territory by the Designated Airline or Airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraph 3 of this Article.
3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Tariff charged or proposed to be charged by:
a) an Airline of either Contracting Party for International Air Service between the Territories of the Contracting Parties, or
b) an Airline of one Contracting Party for International Air Service between the Territory of the other Contracting Party and that of any other country.
4. If either Contracting Party considers any such Tariff inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall co-operate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a Tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the new Tariff shall go into effect or continue to be in effect.
5. Notwithstanding the provisions of this Article, the Tariffs to be charged by the Designated Airline(s) of the Republic of Chile for carriage wholly within the European Union shall be subject to European Union law.

1. The Designated Airline(s) of each Contracting Party shall be allowed:
a) to establish in the Territory of the other Contracting Party offices for the promotion and sale of air transportation and ancillary or supplemental services (including the right to sell and to issue any ticket and/or air waybill for International Air Services and/or intermodal transportation, both its own tickets and/or air waybills of any other Airline) as well as other facilities required for the provision of air transportation;
b) to engage directly and, at its discretion, through its agents and/or other Airlines in the sale of air transportation and ancillary or supplemental services in the Territory of the other Contracting Party;
c) to sell such transportation and ancillary or supplemental services in the currency of that Territory or, subject to its national laws and regulations, in freely convertible currencies of other countries and any person shall be free to purchase such transportation or services in any currency.
2. The Designated Airline(s) of each Contracting Party shall be allowed to bring in and maintain in the Territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of Air Services and/or intermodal transportation and ancillary or supplemental services, in accordance with the entry, residence and employment rules and regulations of the other Contracting Party.
3. These staff requirements may, at the option of the Designated Airline, be satisfied by its own personnel or by using the services of any other organization, company or Airline operating in the Territory of the other Contracting Party, authorized to perform such services in the Territory of that Contracting Party.
4. Each Designated Airline shall have the right to perform its own ground-handling (“self-handling”) in the Territory of the other Contracting Party, or, at its option, the right to select among competing suppliers that provide ground-handling services in whole or in part. This right may be subject only to restrictions justified by specific constraints of available space, Capacity or airport safety. Each Designated Airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground-handling services provided by a supplier or suppliers. Ground-handling activities shall be carried out in accordance with the laws and regulations of each Contracting Party, including, in the case of the European part of the Netherlands, European Union law.
5. The Airlines of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the Territory of the other Contracting Party in local currency. At their discretion, the Airlines of each Contracting Party may pay for such expenses in the Territory of the other Contracting Party in freely convertible currencies according to local currency regulations.
6. In operating or holding out the Agreed Services on the Routes, each Designated Airline of a Contracting Party may enter into commercial and/or cooperative marketing arrangements under the following conditions:
a) the commercial and/or cooperative marketing arrangements may include, but shall not be limited to, blocked-space, codesharing and leasing arrangements with: (i) the Airline(s) of the same Contracting Party;
(ii) the Airline(s) of the other Contracting Party, including domestic codesharing;
(iii) the Airline(s) of a third country; or
(iv) a cargo surface transportation provider of any country;
(i) the Airline(s) of the same Contracting Party;
(ii) the Airline(s) of the other Contracting Party, including domestic codesharing;
(iii) the Airline(s) of a third country; or
(iv) a cargo surface transportation provider of any country;
b) the operating Airline(s) involved in the cooperative marketing arrangements shall hold the underlying traffic rights including the Route rights and the Capacity entitlements and meet the requirements normally applied to such arrangements;
c) all marketing Airlines involved in the cooperative arrangements shall hold the underlying Route rights and meet the requirements normally applied to such arrangements;
d) the total Capacity operated by the Air Services performed under such arrangements shall be counted only against the Capacity entitlement of the Contracting Party designating the operating Airline(s). The Capacity offered by the marketing Airline(s) on such services shall not be counted against the Capacity entitlement of the Contracting Party designating that Airline;
e) when holding out the Agreed Services for sale under such arrangements, the Airline concerned or its agent shall make it clear to the purchaser at the point of sale as to which Airline shall be the operating Airline on each sector of the service and with which Airline(s) the purchaser is entering into a contractual relationship,
these provisions shall be applicable to passenger, combination and all-cargo services.
7. Notwithstanding any other provision of this Agreement, the Designated Airline(s) and indirect providers of air transportation (intermodal transportation) of either of the Contracting Parties shall be permitted, without restriction, to employ in connection with International Air Service any surface transportation for passengers, baggage, cargo and mail to or from any points in the Territory of either of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo and mail in bond under applicable laws and regulations. Such passengers, baggage, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. The Designated Airline(s) may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other Airlines and indirect providers of air cargo transportation. Such intermodal services may be offered at a single through price for the air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.
8. The activities mentioned in this Article shall be carried out in accordance with the laws and regulations of the other Contracting Party. In case of the European part of the Netherlands, this includes applicable European Union law.

1. On any segment or segments of the Routes, a Designated Airline may perform International Air Services, without any limitation as to Change of Aircraft at any point on the Route, in type or number of aircraft operated, provided that in the outbound direction the transportation beyond such point is a continuation of the transportation from the Territory of the Contracting Party that has designated the Airline and, in the inbound direction, the transportation to the Territory of the Contracting Party that has designated the Airline is a continuation of the transportation from beyond such point.
2. For the purpose of Change of Aircraft operations, a Designated Airline may use its own equipment and, subject to national regulations, leased equipment, and may operate under commercial and/or cooperative marketing arrangements with other Airlines.
3. A Designated Airline may use different or identical flight numbers for the sectors of its Change of Aircraft operations.

1. The Contracting Parties acknowledge that their joint objectives are to have a fair and competitive environment and to have a fair and equal opportunity for the Airlines of both Contracting Parties to compete in operating the Agreed Services on the Routes. Therefore, the Contracting Parties shall take all appropriate measures to ensure the full enforcement of these objectives.
2. The Contracting Parties assert that free, fair and undistorted competition is important to promote the objectives of this Agreement and note that the existence of comprehensive competition laws and of an independent competition authority as well as the sound and effective enforcement of their respective competition laws are important for the efficient provision of International Air Services. The competition laws of each Contracting Party addressing the issues covered by this Article, as amended from time to time, shall apply to the operation of the Airlines within the jurisdiction of the respective Contracting Parties. The Contracting Parties share the objectives of compatibility and convergence of competition law and of its effective application. They shall cooperate, as appropriate and where relevant, on the effective application of competition law, including by allowing the disclosure, in accordance with their respective rules and jurisprudence, by their respective Airlines or other nationals of information pertinent to a competition law action by the competition authorities of each other.
3. Nothing in this Agreement shall affect, limit or jeopardise in any way the authority and powers of the relevant competition authorities and courts of either Contracting Party and, in the case of the European part of the Netherlands, the European Commission, and all matters relating to the enforcement of competition law shall continue to fall under the exclusive competence of those authorities and courts. Therefore, any action taken pursuant to this Article by a Contracting Party shall be without prejudice to any possible actions taken by those authorities and courts.
4. Any action taken pursuant to this Article shall fall under the exclusive responsibility of the Contracting Parties and shall be exclusively directed towards the other Contracting Party and/or to Airlines providing Air Services to or from the Territories of the Contracting Parties. Such action shall not be subject to the dispute settlement procedure foreseen in Article 19 (Settlement of Disputes) of this Agreement.
5. Each Contracting Party commits to providing a fair and equal opportunity for the Airlines of the other Contracting Party to compete in providing Air Services and to eliminate all forms of discrimination or unfair practices.
6. Neither Contracting Party shall provide or permit public subsidies or support to their respective Airlines if these subsidies or support would significantly and adversely affect, in an unjustified way, the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services. Such public subsidies or support may include, but are not limited to: cross-subsidisation; the setting-off of operational losses; the provision of capital; grants; guarantees; loans or insurance on privileged terms; protection from bankruptcy; foregoing the recovery of amounts due; foregoing a normal return on public funds invested; tax relief or tax exemptions; compensation for financial burdens imposed by public authorities; and access on a discriminatory or non-commercial basis to air navigation or airport facilities and services, fuel, ground-handling, security, computer reservation systems, Slot allocation or other related facilities and services necessary for the operation of International Air Services.
7. When a Contracting Party provides public subsidies or support in the sense of paragraph 6 of this Article to an Airline, it shall ensure the transparency of such measure through any appropriate means, which may include requiring that the Airline identifies the subsidy or support clearly and separately in its accounts.
8. Each Contracting Party shall, at the request of the other Contracting Party, provide to the other Contracting Party, within a reasonable time, financial reports, that have been made available to the public, relating to the entities under the jurisdiction of the first Contracting Party, and any other such information that may be reasonably requested by the other Contracting Party to ensure that the provisions of this Article are being complied with, provided that such information is not private. This may include detailed information relating to subsidies or support in the sense of paragraph 6 of this Article. The submission of such information may be subject to its confidential treatment by the Contracting Party requesting access to the information.
9. Without prejudice to any action undertaken by the relevant competition authority and/or court for the enforcement of the rules referred to in paragraphs 5 and 6 of this Article, the Contracting Parties affirm that:
a) if one Contracting Party finds that an Airline is being subject to discrimination or unfair practices in the sense of paragraphs 5 or 6 of this Article and that this can be substantiated, the Contracting Party may submit observations in writing to the other Contracting Party. After informing the other Contracting Party, a Contracting Party may also approach responsible government entities in the Territory of the other Contracting Party, including entities at the central, regional, provincial or local level, to discuss matters relating to the provisions of this Article. Moreover, a Contracting Party may request consultations on this matter with the other Contracting Party with a view to solving the problem. Such consultations shall start within a period of thirty (30) days of the receipt of the request. In the meantime, the Contracting Parties shall exchange sufficient information to enable a full examination of the concern expressed by one of the Contracting Parties;
b) if the Contracting Parties fail to reach a resolution of the matter through consultations within thirty (30) days from the start of consultations or consultations do not start within a period of thirty (30) days of the receipt of the request concerning an alleged violation of paragraphs 5 or 6 of this Article, the Contracting Party which requested the consultation shall have the right to suspend the exercise of the rights specified in this Agreement by the Airline(s) of the other Contracting Party by withholding, revoking, suspending or limiting the operating authorizations or permissions/permits, or to impose such conditions as it may deem necessary on the exercise of such rights, or impose duties or take other actions. Any action taken pursuant to the provisions of this paragraph shall be appropriate, proportionate and restricted with regard to scope and duration to what is strictly necessary.
10. Each Contracting Party shall effectively apply antitrust laws in accordance with paragraph 2 of this Article, and shall prohibit Airline(s):
a) in conjunction with any other Airline(s) to enter into agreements, take decisions or engage in concerted practices which may affect Air Services to or from that Contracting Party and which have as their object or effect the prevention, restriction or distortion of competition. This prohibition may be declared inapplicable where such agreements, decisions or practices contribute to improving the production or distribution of services or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and do not: (a) impose on the Airlines concerned restrictions which are not indispensable to the attainment of these objectives; (b) afford such Airlines the possibility of eliminating competition in respect of a substantial part of the services in question; or
b) to abuse a dominant position in a way which may affect Air Services to or from the Territory of that Contracting Party.
11. Each Contracting Party shall entrust the enforcement of the antitrust rules referred to in paragraph 10 of this Article exclusively to its relevant and independent competition authority and/or court.
12. Without prejudice to any action undertaken by the relevant competition authority and/or court for the enforcement of the rules referred to in paragraph 10 of this Article, the Contracting Parties affirm that if one Contracting Party finds that an Airline suffers from an alleged violation of paragraph 10 of this Article and that this can be substantiated, the Contracting Party may submit observations in writing to the other Contracting Party. After informing the other Contracting Party, a Contracting Party may also approach responsible government entities in the Territory of the other Contracting Party, including entities at the central, regional, provincial or local level, to discuss matters relating to this Article. Moreover, a Contracting Party may request consultations on this matter with the other Contracting Party with a view to solving the problem. Such consultations shall start within a period of thirty (30) days of the receipt of the request. In the meantime, the Contracting Parties shall exchange sufficient information to enable a full examination of the concern expressed by one of the Contracting Parties, provided that such report and/or information has been made available to the public.
13. If the Contracting Parties fail to reach a resolution of the matter through consultations within thirty (30) days from the start of consultations or consultations do not start within a period of thirty (30) days of the receipt of the request concerning an alleged violation of paragraph 10 of this Article, and provided the relevant competent competition authority or court has found an antitrust violation, the Contracting Party which requested the consultation shall have the right to suspend the exercise of the rights specified in this Agreement by the Airline(s) of the other Contracting Party by withholding, revoking, suspending or limiting the operating authorizations or permissions/permits, or to impose such conditions as it may deem necessary on the exercise of such rights, or impose duties or take other actions. Any action taken pursuant to the provisions of this paragraph shall be appropriate, proportionate and restricted with regard to scope and duration to what is strictly necessary.

1. Aircraft operating on International Air Services by the Designated Airline(s) of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, Stores as well as advertising and promotional material kept on board such aircraft shall, on the basis of reciprocity, be exempt from all customs duties, inspection fees and similar national or local duties and charges, on arrival in the Territory of the Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.
2. With regard to regular airborne equipment, spare parts, supplies of fuels and lubricants and Stores introduced into the Territory of one Contracting Party by or on behalf of a Designated Airline of the other Contracting Party or taken on board the aircraft operated by such Designated Airline and intended solely for use on board that aircraft while operating International Air Services, no duties and charges, including customs duties and inspection fees imposed in the Territory of the first Contracting Party, shall be applied, even when these supplies are to be used on the parts of the journey performed over the Territory of the Contracting Party in which they are taken on board. The items referred to above may be required to be kept under customs supervision and control. The provisions of this paragraph cannot be interpreted in such a way that a Contracting Party can be made subject to the obligation to refund customs duties which already have been levied on the items referred to in this Article.
3. Regular airborne equipment, spare parts, supplies of fuels and lubricants and Stores retained on board the aircraft of either Contracting Party may be unloaded in the Territory of the other Contracting Party only with the approval of the customs authorities of that Contracting Party, who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
4. Baggage, cargo and mail in transit shall be exempt from customs duties and other similar taxes.
5. The exemptions provided by this Article shall also be available where a Designated Airline or Designated Airlines of one Contracting Party has/have contracted with another Airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the Territory of the other Contracting Party of the items specified in paragraphs 1, 2 and 3 of this Article.
6. Nothing in this Agreement shall prevent the Netherlands from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its Territory for use in an aircraft of a Designated Airline of the Republic of Chile that operates between a point in the Territory of the European part of the Netherlands and the Territory of another European Union Member State.

1. User Charges that may be imposed and/or controlled by the competent charging authorities or bodies of each Contracting Party on the Airline(s) of the other Contracting Party shall be just, reasonable, not unjustly discriminatory and equitably apportioned among categories of users. In any event, any such User Charges shall be assessed on the Airlines of the other Contracting Party on terms not less favourable than the most favourable terms available to any other Airline at the time the charges are assessed, taking into account national regulations in force.
2. User Charges imposed on the Designated Airline(s) of the other Contracting Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis taking into account national regulations in force.
3. Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its Territory and the Airline(s) using the services and facilities, and shall encourage the competent charging authorities or bodies and the Airline(s) to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for charges to enable users to express their views before changes are made.
4. Neither Contracting Party shall be held to be in breach of a provision of this Article, unless: (i) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or (ii) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

1. The Designated Airline(s) of each Contracting Party shall be entitled to transfer, from the Territory of sale to their home Territory, all local revenues in excess of local expenditures in the Territory of sale, of the sale of air transport and associated activities directly linked to Air Services. Included in such net transfer shall be revenues from sales, made directly or through agents, of Air Services and ancillary or supplemental services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.
On a basis of reciprocity, the conversion and remittance of such revenues shall be permitted without restriction at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance, and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance.
2. The Designated Airline(s) of each Contracting Party shall receive approval for such transfer within the shortest term, preferably thirty (30) days of application, into any currency, at the official rate of exchange for conversion of local currency, as at the date of sale.
3. The Designated Airline(s) of each Contracting Party shall be entitled to effect the actual transfer upon receipt of approval.

1. The laws, regulations and procedures of either Contracting Party relating to the entrance, while within 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 complied with by the Designated Airline(s) of the other Contracting Party upon their entrance into, while within and until and including their departure from the said Territory.
2. The laws, regulations and procedures of either Contracting Party relating to immigration, passports or other approved travel documents, entry, clearance, customs and quarantine shall be complied with by crews or passengers and/or on behalf of cargo and mail carried by aircraft of the Designated Airline(s) of the other Contracting Party upon their entrance into, while within and until and including their departure from the Territory of the said Contracting Party.
3. Passengers, baggage, cargo and mail in transit across the Territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control.
4. Neither of the Contracting Parties shall give unreasonable and/or anti-competitive preference to any other Airline engaged in similar International Air Services over the Designated Airline(s) of the other Contracting Party in the application of its customs, immigration, quarantine and similar regulations; or in the use of airports, airways and air traffic services and associated facilities under its control.
5. Each Contracting Party shall, upon request of the other Contracting Party, supply copies of the relevant laws, regulations and procedures referred to in this Agreement.

Certificates of airworthiness, certificates of competency and licenses issued or validated in accordance with the laws and regulations of one Contracting Party, including, in the case of the European part of the Netherlands, in accordance with European Union laws and regulations, and still valid, shall be recognized as valid by the other Contracting Party for the purpose of operating the Agreed Services, provided always that the requirements under which such certificates or licenses were issued or validated, are at a level equal to or above the minimum standards established under the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for the purpose of flights above its Territory or landing within its own Territory, certificates of competency and licenses granted to or validated for its own nationals by the other Contracting Party.

1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aeronautical facilities, aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
2. Where the Netherlands has designated an Airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Contracting Party under Article 3 (Designation and Authorization) of this Agreement shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorization of that Airline.
3. If, following such consultations as referred to in paragraph 1 of this Article, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in any such area that are at least equal to the minimum 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 minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 4 (Revocation and Suspension of Authorization) of this Agreement.
4. Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any Aircraft operated by an Airline of one Contracting Party or, under a lease arrangement, on behalf of the Airline or Airlines of one Contracting Party, on services to or from the Territory of the other Contracting Party may, while within the Territory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft, to check both the validity of the aircraft documents and those of its crew and the apparent conditions of the aircraft and its equipment (ramp inspections), provided this does not lead to unreasonable delay.
5. If any 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 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.
6. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the Airline or Airlines of one Contracting Party in accordance with paragraph 4 of this Article is denied by the representative of that Airline or Airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 5 of this Article arise and to draw the conclusions referred to in that paragraph.
7. 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 inspection, consultations or otherwise, that immediate action is essential to the safety of the Airline’s operation.
8. Any action by one Contracting Party in accordance with paragraphs 3 or 7 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
9. Each Contracting Party shall see to it that the Designated Airline(s) will be provided with communicative, aviation and meteorological facilities and any other services necessary for the safe operation of the Agreed Services.

1. The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their mutual obligations to protect the security of civil aviation against acts of unlawful interference form 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, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, as well as any other Convention or Protocol on Aviation Security to which the Contracting Parties shall become party.
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 standards and, in so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Convention. The Contracting Parties shall require that operators of aircraft of their registry or operators of aircraft which have their principal place of business or permanent residence in their Territory or, in the case of the Netherlands, operators of aircraft which are established in its Territory under the European Union Treaties and have valid operating licenses in accordance with European Union law, and the operators of airports in their Territory act in conformity with such aviation security provisions. In this paragraph, the reference to aviation security Standards includes any difference notified by the Contracting Party concerned.
4. Each Contracting Party shall ensure that effective measures are taken within its Territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and Stores prior to and during boarding or loading, and that those measures are adjusted to meet any increased threat. Each Contracting Party agrees that its Designated Airline(s) shall be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for entry into, departure from or while within the Territory of that other Contracting Party. 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.
5. 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 as rapidly as possible, commensurate with minimum risk to life, such incident or threat.
6. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Such consultations shall take place within 30 (thirty) days of that request. These consultations will be aimed at reaching an agreement upon the measures suitable to eliminate the more immediate reasons of concern and at adopting, within the framework of the ICAO security standards, the actions necessary to establish the appropriate conditions of security.
7. Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its Territory, is retained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.

1. The Contracting Parties support the need to protect the environment by promoting the sustainable development of aviation.
2. The Contracting Parties recognize the need to take appropriate measures to prevent or otherwise address the environmental impact of air transport provided that such measures are fully consistent with their rights and obligations under international law.

1. Computer reservation systems (hereinafter CRS) vendors operating in the Territory of one Contracting Party shall be entitled to bring in, maintain, and make freely available their CRSs to travel agencies or travel companies whose principal business is the distribution of travelrelated products in the Territory of the other Contracting Party provided the CRS complies with any relevant regulatory requirements of the other Contracting Party.
2. The Contracting Parties shall annul any existing requirement, which could restrict free access by one Contracting Party's CRSs to the other Contracting Party's market or otherwise limit competition. The Contracting Parties shall refrain from adopting such requirements in the future.
3. Neither Contracting Party shall, in its Territory, impose or permit to be imposed on the CRS vendors of the other Contracting Party requirements with respect to CRS displays different from those imposed on its own CRS vendors or any other CRS operating on its market. Neither Contracting Party shall prevent the conclusion of agreements between CRS vendors, their providers and their subscribers related to the exchange of travel services information and which are facilitating the display of comprehensive and unbiased information to consumers, or the fulfilment of regulatory requirements on neutral displays.
4. Owners and operators of CRSs of one Contracting Party that comply with the relevant regulatory requirements of the other Contracting Party, if any, shall have the same opportunity to own CRSs within the Territory of the other Contracting Party as do the owners and operators of any other CRS operating in the market of that Contracting Party.

1. In a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties may consult each other from time to time with a view to ensuring the interpretation, application, implementation of, and satisfactory compliance with, the provisions of this Agreement.
2. Either Contracting Party may request consultations with a view to amending this Agreement and/or its Annex. These consultations shall begin within sixty (60) days from the date of receipt of the request by the other Contracting Party, unless otherwise agreed. Such consultations may be conducted through discussion or by correspondence.
3. Any amendment to this Agreement and/or its Annex shall be agreed upon by the Contracting Parties and shall be effected through an exchange of diplomatic notes. Such amendment shall enter into force in accordance with the provisions of Article 24 (Entry into Force) of this Agreement.
4. Notwithstanding the provisions of paragraph 3 of this Article, any amendment of the Annex to this Agreement may be agreed upon by the Aeronautical Authorities of the Contracting Parties, and confirmed through an exchange of diplomatic notes, and shall enter into force on a date to be determined in the diplomatic notes.

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle their dispute by bilateral negotiations.
2. If the Contracting Parties fail to reach a settlement by negotiation, the dispute may at the request of either Contracting Party 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 an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other Contracting Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Contracting Parties fails to designate its own arbitrator within the period of sixty (60) days or if the third arbitrator is not agreed upon within the period indicated, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators. If the President is a national of the same country as one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. The Contracting Parties agree that the arbitral tribunal will be entitled to establish its rules of procedure for the arbitration.
4. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

1. Either Contracting Party may, at any time, give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement.
2. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case, this 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 expiry of this period. In the absence of acknowledgement of receipt of the notice of termination by the other Contracting Party, such notice shall be deemed to have been received fourteen (14) days after the receipt of that notice by the International Civil Aviation Organization.

This Agreement shall be registered with the International Civil Aviation Organization.

1. The provisions of the Convention shall be applicable to this Agreement.
2. If a multilateral agreement or convention, accepted by both Contracting Parties, concerning any matter covered by this Agreement, enters into force, the relevant provisions of that multilateral agreement or convention shall supersede the relevant provisions of this Agreement.
3. The Contracting Parties may consult each other to determine the consequences for this Agreement of the supersession, as mentioned under paragraph 2 of this Article, and to agree upon required amendments to this Agreement.

As regards the Kingdom of the Netherlands, this Agreement shall apply to the Territory of the European part of the Netherlands as well as to the Territory of the Caribbean part of the Netherlands.

1. This Agreement shall enter into force on the first day of the second month following the date of the later written notification through diplomatic channels by which the Contracting Parties have notified each other that the formalities and constitutional requirements for its entry into force in their respective countries have been complied with.
2. The provisions of the Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Chile concerning air services, signed at Santiago de Chile on 13 July 1962, shall cease to have effect, in the relations between the European part and the Caribbean part of the Netherlands and the Republic of Chile, on the date of entry into force of this Agreement.