Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Benin

1. For the purpose of this Agreement, unless the context otherwise requires:
a) The term “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or 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;
b) The term “Aeronautical Authorities” means, in the case of the Netherlands, the Minister of Infrastructure and Water Management of the Netherlands and any person or body authorized to perform any functions at present exercisable by the said Authority or similar functions; and, in the case of the Republic of Benin, the Minister responsible for Civil Aviation and any person or body authorized to perform any functions at present exercisable by the said Authority or similar functions;
c) The term “Designated Airlines” means Airlines, which have been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
d) The term “Territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
e) The terms “Air Service”, “International Air Service”, “Airlines” and “Stop for Non-Traffic Purposes” have the meanings respectively assigned to them in Article 96 of the Convention;
f) The term “Capacity” means the combination of frequency per week and (the configuration of) the type of aircraft used on the route offered to the public by the Designated Airline(s);
g) The term “Tariff' means the Tariffs to be paid for the carriage of passengers, baggage and cargo and the conditions under which those Tariffs apply, including Tariffs and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail;
h) The term “Route Schedule” means the schedule of routes annexed to this Agreement and any amendments thereto as agreed in accordance with the provisions of Article 20 (Consultations and Amendment) of this Agreement;
i) The term “Agreement” means this Agreement, its Annex, as well as any amendment to the Agreement or the Annex;
j) The term “User Charges” means a charge imposed on Airlines for the provision of airport, air navigation or aviation security facilities or services including related facilities and services;
k) The terms “Agreed Service” and “Specified Route” mean International Air Service pursuant to this Agreement and the route specified in the Annex to this Agreement respectively;
l) 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 Specified Route are flown by different aircraft;
m) The term “Stores” means articles of a readily consumable nature for use or sale on board an aircraft during flight including commissary supplies;
n) The term “Airport Slot” or “Slot” means the permission given by a coordinator to use the full range of airport infrastructure necessary to operate a planned Air Service at a Slot coordinated airport on a specific date and time for the purpose of landing or take-off;
o) The term “European Union Member State” means a state that is now or in the future a contracting party to the Treaty on European Union and the Treaty on the Functioning of the European Union;
p) The term “the Netherlands” means the European part of the Netherlands;
q) The term “WAEMU” means West African Economic Monetary Union.
2. The applicable legislation for the Netherlands includes applicable legislation of the European Union.

1. Each Contracting Party grants to the other Contracting Party, except as otherwise specified in the Annex to this Agreement, the following rights for the conduct of International Air Services by the Designated Airline(s) of the other Contracting Party:
a) To fly without landing across the Territory of the other Contracting Party;
b) To make Stops for Non-Traffic Purposes in the Territory of the other Contracting Party; and
c) While operating an Agreed Service on a Specified Route, the right to make stops in its Territory for the purposes of taking up and discharging international traffic in passengers, baggage, cargo and mail, either separately or in combination.
2. Nothing in paragraph 1 of this Article shall be deemed to confer on the Designated Airlines of one Contracting Party the privilege of uplift and discharge, in the Territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire when destined for another point in the Territory of that other Contracting Party (cabotage).

1. Each 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 Specified Routes and to substitute another Airline for an Airline previously designated.
2. Upon receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, grant to the Airlines designated the necessary operating authorizations without delay, provided that:
a) in case an Airline 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, 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) 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, 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 case an Airline is designated by Benin: (i) the Airline is established in the Territory of the Republic of Benin and has a valid Operating License in accordance with WAEMU Treaties and under WAEMU laws; and
(ii) effective regulatory control of the Airline is exercised and maintained by the WAEMU 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 WAEMU Member States and/or nationals of WAEMU Member States or by other African States and/or nationals of such other African States, and that:
(i) the Airline is established in the Territory of the Republic of Benin and has a valid Operating License in accordance with WAEMU Treaties and under WAEMU laws; and
(ii) effective regulatory control of the Airline is exercised and maintained by the WAEMU 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 WAEMU Member States and/or nationals of WAEMU Member States or by other African States and/or nationals of such other African States,
c) the Contracting Party designating the Airline is in compliance with the provisions set forth in Article 7 (Fair Competition), Article 12 (Aviation Safety) and Article 13 (Aviation Security) of this Agreement; and
d) the Designated Airline(s) is/are 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. 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 fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of International Air Services by such Aeronautical Authorities in conformity with the provisions of the Convention.
4. 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.

1. Each Contracting Party shall have the right to withhold, revoke, suspend or limit an operating authorization of an Airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on an operating authorization, in any of the following cases:
a) in case an Airline 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, directly or through majority ownership, or is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;
(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, directly or through majority ownership, or is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;
b) in case an Airline is designated by Benin: (i) the Airline is not established in the Territory of the Republic of Benin or has no valid Operating License in accordance with WAEMU Treaties and under WAEMU laws; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the WAEMU Member State responsible for issuing its Air Operator's Certificate and/or the relevant Aeronautical Authority is not clearly identified in the designation; or
(iii) the Airline is not owned, directly or through majority ownership, or is not effectively controlled by WAEMU Member States and/or nationals of WAEMU Member States, or by other African States and/or nationals of such other African States;
(i) the Airline is not established in the Territory of the Republic of Benin or has no valid Operating License in accordance with WAEMU Treaties and under WAEMU laws; or
(ii) effective regulatory control of the Airline is not exercised or not maintained by the WAEMU Member State responsible for issuing its Air Operator's Certificate and/or the relevant Aeronautical Authority is not clearly identified in the designation; or
(iii) the Airline is not owned, directly or through majority ownership, or is not effectively controlled by WAEMU Member States and/or nationals of WAEMU Member States, or by other African States and/or nationals of such other African States;
c) failure of the Airline to comply with the provisions set forth in this Agreement, especially in Article 7 (Fair Competition), Article 12 (Aviation Safety) and Article 13 (Aviation Security) of this Agreement; or
d) failure by the Airline to comply with the laws or regulations referred to in Article 6 (Application of Laws, Regulations and Procedures) of this Agreement; or
e) in the event of failure by such Airline 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
f) failure by the Airline 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, 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 13 (Aviation Security) of this Agreement.

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 other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are reexported.
2. With regard to regular 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-mentioned Contracting Party, shall be applied, even when these supplies are to be used on 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 above.
3. Regular airborne equipment, spare parts, supplies of fuels and lubricants and Stores retained on board the aircraft of the Designated Airline(s) 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 items be placed under their supervision up to such time as they are reexported 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 of one Contracting Party has 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.

1. The laws, regulations and procedures of either Contracting Party relating to the entrance into, stay in or departure from its Territory of aircraft engaged in International Air Services, or to the operation and navigation of such aircraft, shall be complied with by the Designated Airline(s) of the other Contracting Party upon their entrance into, 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, 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 preference to any other Airline 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.

1. The Contracting Parties agree that it is their joint objective to have a fair and competitive environment in which their Airlines enjoy fair and equal opportunities to compete in the provision of International Air Services.
2. For the purposes of this Article, “subsidy” means any financial contribution granted by the government or any other public body at any level, including the direct or indirect transfer of any type of funds, the foregoing or non-collection of revenue that is otherwise due and the direct or indirect supply of goods and services on non-commercial terms, thereby conferring an economic benefit to Airlines.
3. In order to attain the objective laid down in paragraph 1 of this Article, each Contracting Party shall:
a) prohibit, and where they exist, eliminate, within its jurisdiction, any forms of discrimination or of unfair practice which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services; and
b) not grant or maintain subsidies to any Airlines which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services.
4. Notwithstanding point (b) of paragraph 3 of this Article, the Contracting Parties may grant:
a) support to an insolvent or ailing Airline, provided that (i) such support is conditional on a credible restructuring plan with a view to ensuring the return of the insolvent or ailing Airline to long-term viability within a reasonable time; and (ii) the Airline concerned, or its investors or shareholders, significantly contribute to the costs of restructuring;
b) temporary and limited liquidity support to an ailing Airline in the form of loans or loan guarantees merely to keep it in business for the time necessary to work out a restructuring or liquidation plan;
c) subsidies to make good the damage caused by natural disasters or exceptional occurrences or to remedy a serious disturbance in the economy of the Republic of Benin or of one or more EU Member States;
d) subsidies to Airlines entrusted with the operation of clearly defined public service obligations necessary to meet essential transport needs of the population.
5. Each Contracting Party shall ensure that each of its Airlines providing International Air Services under this Agreement publishes, on at least an annual basis, a financial report, accompanied by a financial statement, that is externally audited in compliance with internationally recognised accounting and corporate financial disclosure standards, such as the International Financial Reporting Standards.
6. Each Contracting Party shall, when requested, provide to the other Contracting Party additional financial reports and any other relevant information within a reasonable delay.
7. If a Contracting Party (hereinafter referred to as “the initiating Contracting Party”) considers that its Airlines' fair and equal opportunities to compete are adversely affected by the breach by the other Contracting Party of any of the provisions of this Article, it may proceed in accordance with paragraphs 8 to 10 of this Article.
8. The initiating Contracting Party shall submit a written request for consultations to the other Contracting Party (hereinafter referred to as “the responding Contracting Party”). Consultations shall start within a period of thirty (30) days of the receipt of the request, unless otherwise agreed.
9. If the initiating Contracting Party and the responding Contracting Party concerned fail to reach agreement on the matter within sixty (60) days of the receipt of the request for consultations, the initiating Contracting Party may take measures against all or some of the Airlines of the responding Contracting Party which have engaged in the contested conduct or which have benefited from the discrimination, unfair practices or subsidies in question.
10. Measures taken pursuant to paragraph 9 of this Article shall be appropriate, proportionate and restricted in their scope and duration to what is strictly necessary to mitigate the injury and remove the undue advantage.
11. Nothing in this Agreement shall affect, limit or jeopardise in any way the authority or powers of the competition authorities of the Contracting Parties or of the courts or tribunals which review the decisions of those authorities.

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, 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 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 Netherlands European Union law.
5. In operating or holding out the Agreed Services on the Specified 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, code-sharing and leasing arrangements, with: (i) the Airline(s) of the same Contracting Party;
(ii) the Airline(s) of the other Contracting Party, including domestic code share;
(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 code share;
(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 co-operative 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 co-operative 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 Air 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.
6. Notwithstanding any other provision of this Agreement, the Designated Airline(s) and indirect providers of air transportation of either of the Contracting Parties shall be permitted, without restriction, to employ in connection with International Air Services 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.
7. 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 Netherlands, this includes applicable European Union law.

1. Neither Contracting Party shall require the filing of schedules, programs for flights nor operational plans by Designated Airline(s) of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 1 of Article 7 (Fair Competition) of this Agreement or as may be specifically authorized in the Annex to this Agreement.
2. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on the Designated Airline(s) of the other Contracting Party.

1. Each Contracting Party shall allow Tariffs for Air Services to be established by each Designated Airline based upon commercial considerations in the market place. Neither Contracting Party shall require their Airlines to consult other Airlines about the Tariffs they charge or propose to charge for services covered by these arrangements.
2. Each Contracting Party may require notification or filing of any Tariff to be charged by its own Designated Airline or Airlines. Neither Contracting Party shall require notification or filing of any Tariff to be charged by the Designated Airline or Airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraphs 4 or 5 of this Article.
3. Intervention by the Contracting Parties shall be limited to:
a) the protection of consumers from Tariffs that are excessive due to the abuse of market power;
b) the prevention of Tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.
4. Each Contracting Party may unilaterally disallow any Tariff filed or charged by one of its own Designated Airlines. However, such intervention shall be made only if it appears to the Aeronautical Authority of that Contracting Party that a Tariff charged or proposed to be charged meets either of the criteria set out in paragraph 3 of this Article.
5. Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a Tariff charged or proposed to be charged by an Airline of the other Contracting Party. If one Contracting Party believes that any such Tariff is inconsistent with the considerations set out in paragraph 1 of this Article, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held not later than fourteen (14) days after receipt of the request. Without a mutual agreement the Tariff shall take effect or continue to be in effect.
6. Notwithstanding the paragraphs of this Article, the Tariffs to be charged by the Designated Airline(s) of the Republic of Benin for carriage wholly within the European Union shall be subject to European Union law and the Tariffs to be charged by the Designated Airline(s) of the Netherlands for carriage wholly within WAEMU Member States or African States, shall be subject to the legislation of those member states.

Certificates of airworthiness, certificates of competency and licenses issued or rendered valid in accordance with the laws and regulations of one Contracting Party, including, in the case of the Netherlands, European laws and regulations, and still in force shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. However, each Contracting Party reserves the right, to refuse to recognize, for the purpose of flights above its own Territory, certificates of competency and licenses granted to or rendered valid for its own nationals by the other Contracting Party or by any other State.

1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards 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-mentioned 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 or Suspension of Operating Authorization) of this Agreement.
3. 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.
4. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an Airline of one Contracting Party, on service to or from the Territory of another Contracting Party, may, while within the Territory of the other Contracting Party, be the subject of a search by the authorized representatives of the other Contracting Party, in this Article called “ramp inspection”, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention and Article 13 (Aviation Security) of this Agreement, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention.
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 purposes 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 Airlines of one Contracting Party in accordance with paragraph 4 of this Article is denied by the representative of these 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 draw the conclusions referred 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-mentioned 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 an Airline operation.
8. Any action by one Contracting Party in accordance with paragraph 2 or 7 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, 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, and any other multilateral agreement governing civil aviation security binding upon both Contracting Parties.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization (ICAO) and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who 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.
4. Each Contracting Party agrees that its operators of aircraft shall be required to observe, for departure from or while within the Territory of the other Contracting Party, aviation security provisions in conformity with the law in force in that country, including, in the case of the Netherlands, European Union law.
5. 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 aircraft 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 entrance into, departure from, or while within the Territory of that other Contracting Party. Each Contracting Party shall also act favorably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
6. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
7. Each Contracting Party shall have the right, within sixty (60) days following notice (or such shorter period as may be agreed between the Aeronautical Authorities), for its Aeronautical Authorities to conduct an assessment in the Territory of the other Contracting Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the Territory of the first-mentioned Contracting Party. The administrative arrangements for the conduct of such assessments shall be agreed upon between the Aeronautical Authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.
8. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first-mentioned Contracting Party may request immediate consultations with the other Contracting Party. Such consultations shall take place within thirty (30) 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.
9. 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. Each Contracting Party shall grant to the Designated Airlines of the other Contracting Party the right to transfer, according to applicable laws and regulations, the excess of receipts over expenditure earned by the Airline in the Territory of the first Contracting Party in connection with the carriage of passengers, mail and cargo, on the basis of the prevailing foreign exchange market rates for current payments.
2. If the Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airline(s) of the other Contracting Party, the latter shall have the right to impose reciprocal restrictions on the Designated Airline(s) of the first Contracting Party.
3. In the event that payments between the Contracting Parties are governed by a special agreement, such agreement shall apply.

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.
2. User Charges imposed on the 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.
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.
4. 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.
5. 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 period 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. On any segment or segments of the Specified Routes, a Designated Airline may perform International Air Services without any limitation as to change at any point on the Specified 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. Income and profits from the operation of aircraft in international traffic shall be taxable only in the State in which the place of effective management of the Designated Airline is situated.
2. Gains from the alienation of aircraft operated in international traffic shall be taxable only in the State in which the place of effective management of the Designated Airline is situated.
3. Capital represented by aircraft operated in international traffic and by moveable property pertaining to the operation of such aircraft shall be taxable only in the State in which the place of effective management of the Designated Airline is situated.
4. The provisions of paragraph 1 of this Article shall also apply to income and profits from the participation in a pool, a joint business, a cooperative marketing arrangement or an international operating agency.
5. If an agreement between the Contracting Parties on avoidance of double taxation and the prevention of fiscal evasion on income and on capital in which air transport is addressed envisages procedures different from those referred to in paragraphs 1–4 of this Article, the provisions of the agreement on avoidance of double taxation on income and on capital shall be applicable.

1. The Contracting Parties confirm their commitment to the objective of the Paris Agreement to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels. They agree to contribute to the achievement of that objective by limiting the greenhouse gas emissions associated with aviation.
2. The Contracting Parties confirm their support for and shall strive to achieve the long-term aspirational goal of net-zero carbon dioxide emissions by 2050 decided at the 41st Session of the ICAO Assembly. They agree to cooperate with each other and with third countries in developing and implementing appropriate measures to achieve this goal.
3. The Contracting Parties will participate in ICAO's Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) and will promote adherence to this scheme in their respective interactions with third countries.
4. The Contracting Parties commit to work together in support of environmental and sustainability measures at the level of ICAO. In particular they commit to implementing the Global Framework adopted by the 3rd ICAO Conference on Aviation and Alternative Fuels (CAAF/3) on 24 November 2023, through the use of aviation cleaner technologies.
5. The Contracting Parties commit to develop domestic measures which will promote and increase the use of sustainable aviation fuels (SAF) in their respective Territories. They agree to inform each other of the measures taken and related best practices, and of their effect on the SAF production and share of SAF in the aviation fuel supplied in their respective Territories. The Contracting Parties also agree to contribute to regional and international measures which aim to increase the availability and deployment of SAF.
6. The Contracting Parties shall continue to engage and strengthen their cooperation on environmental action in aviation, including but not limited to the areas of:
a) policy and regulation, research and development and deployment with regard to environmentally-friendly aviation technology, including SAF and hydrogen and electric aircraft;
b) air traffic management innovation to reduce the environmental impacts of aviation;
c) noise mitigation and monitoring;
d) air pollution mitigation;
e) the deployment of infrastructure for SAF and other new fuels and power sources, such as hydrogen and electricity.
7. Nothing in this Agreement shall be construed to limit the authority of a Contracting Party to take appropriate measures to prevent or otherwise address the effects of aviation on the environment and climate, provided that such measures are fully consistent with their rights and obligations under international law and are applied in a non-discriminatory manner.

1. The Contracting Parties recognise the importance of considering the effects of this Agreement on labour, employment and working conditions and agree to cooperate on labour matters within the scope of this Agreement, inter alia in relation to impacts on employment, fundamental rights at work, working conditions, social protection, and social dialogue.
2. The Contracting Parties recognise the right of each Contracting Party to establish its own level of domestic labour protection as it deems appropriate, and to adopt or modify accordingly its relevant laws and policies, consistent with its international obligations. The Contracting Parties shall ensure that the rights and principles contained in their respective laws and regulations are not undermined but effectively enforced.
3. Each Contracting Party shall continue to improve laws and policies as referred to in paragraph 2 of this Article and shall strive towards providing and encouraging high levels of labour protection in the aviation sector. The Contracting Parties recognise that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist purposes.
4. The Contracting Parties reaffirm their commitment, in accordance with their obligations arising from their membership in the International Labour Organization (ILO) and the ILO Declaration on Fundamental Principles and Rights at Work (1998), as amended in 2022, to respect, to promote and to realise the principles concerning the fundamental rights and principals at work.
5. The Contracting Parties shall promote the objectives included in the ILO Decent Work Agenda and in the ILO Declaration on Social Justice for a Fair Globalization (2008), as amended in 2022, as well as the ILO and ICAO Conclusions and recommendations on the promotion of decent work to shape a green, sustainable and inclusive economic recovery for the civil aviation sector concluded during the ILO technical meeting between ILO and ICAO held in Geneva in April 2023.
6. The Contracting Parties agree to increase the cooperation between civil aviation authorities, labour authorities and other relevant public or private institutions, aimed at exchanging information and sharing best practices.
7. Each Contracting Party undertakes to make best endeavours towards ratifying and effectively implementing, if it has not yet done so, the fundamental ILO conventions. The Contracting Parties will also work towards the ratification and effective implementation of other ILO conventions and international standards in the labour and social domain of relevance for the civil aviation sector, taking into account domestic circumstances.
8. The Contracting Parties shall promote gender balance, non-discrimination, and equality for all, notably through policies that improve access for women and other underrepresented groups of workers to work and career progression in technical roles and leadership positions.

1. In a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the annexed Route Schedule and shall consult when necessary to provide for amendment thereof.
2. Either Contracting Party may request consultations in writing which shall begin within a period of sixty (60) days from the date of receipt of the request, unless both Contracting Parties agree to an extension of this period.
3. Any amendment to this Agreement shall be agreed upon by the Contracting Parties and shall be effected through an exchange of diplomatic notes. Such amendments shall enter into force in accordance with the provisions of Article 26 (Entry into Force) of this Agreement.
4. Notwithstanding the provisions of paragraph 3 of this Article any amendment of the Annex to this Agreement shall 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. This exception to paragraph 3 of this Article shall not apply in case any traffic rights are added to the Annex.

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 endeavor to settle it by bilateral negotiations.
2. If the Contracting Parties fail to reach a settlement by negotiations, they may agree to refer the dispute for decision to some person or body; if they do not so agree, the dispute shall at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall nominate an arbitrator within a period of 60 (sixty) days from the date of receipt by either Contracting Party from the other Contracting Party of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of 60 (sixty) days. If either of the Contracting Parties fails to nominate its own arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of ICAO may at the request of either Contracting Party appoint an arbitrator or arbitrators, as the case requires. In such cases, the third arbitrator shall be a national of a third State and shall act as president of the arbitral tribunal.
3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article. Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties.

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.

This Agreement and any amendment thereto shall be registered with ICAO.

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; such notice shall be simultaneously communicated to ICAO. In such case the 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 date of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by ICAO.

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

This Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification by which the Contracting Parties have notified each other, through diplomatic channels, that their respective internal legal requirements for the entry into force of this Agreement have been fulfilled.