BWBV0006957
Geldig vanaf 01-06-2023
Artikel 4
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en IJsland
1. Either Party may withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline designated by the other Party where:
a) in the case of an airline designated by Iceland: (i) the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area 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 or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals.
(i) the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area 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 or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals.
b) in the case of an airline designated by Sint Maarten: (i) the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or
(ii) effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or
(iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals.
(i) the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or
(ii) effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or
(iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals.
c) the designated airline is not qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party considering the application or applications; or
d) the designated airline is not maintaining and not administering the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.
2. Unless immediate revocation or suspension of the operating authorization or technical permission mentioned in paragraph 1 of this Article, or imposition of the conditions therein, is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultations with the other Party.
3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.
a) in the case of an airline designated by Iceland: (i) the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area 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 or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals.
(i) the airline is not established in the territory of Iceland in accordance with the Agreement on the European Economic Area, or the airline does not have a valid Operating License in accordance with national law adopted in accordance with the Agreement on the European Economic Area; or
(ii) effective regulatory control of the airline is not exercised or not maintained by the Member State of the European Economic Area 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 or shall not continue to be owned, directly or through majority ownership, by Member States of the European Economic Area and/or nationals of Member States of the European Economic Area or are not at all times effectively controlled by such states and/or nationals.
b) in the case of an airline designated by Sint Maarten: (i) the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or
(ii) effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or
(iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals.
(i) the airline is not established in the territory of Sint Maarten or the airline does not have a valid Operating License in accordance with the applicable laws and regulations of Sint Maarten; or
(ii) effective regulatory control of the airline is not exercised or not maintained by Sint Maarten or the aeronautical authority of Sint Maarten is not clearly identified in the designation; or
(iii) the airline is not owned or shall not continue to be owned, directly or through majority ownership, by Sint Maarten and/or nationals of Sint Maarten or the airline is not, at all times, effectively controlled by Sint Maarten and/or its nationals.
c) the designated airline is not qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party considering the application or applications; or
d) the designated airline is not maintaining and not administering the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.
2. Unless immediate revocation or suspension of the operating authorization or technical permission mentioned in paragraph 1 of this Article, or imposition of the conditions therein, is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultations with the other Party.
3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 7 (Safety) and Article 8 (Aviation Security) of this Agreement.
- Citeren als
- Art. 4
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006957
- Officiële bron
- wetten.overheid.nl