Artikel 3

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.