BWBV0007150
Artikel 4
Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Benin
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.
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.
- Citeren als
- Art. 4
- Status
- Geldend recht
- Identificatie
- BWBV0007150
- Officiële bron
- wetten.overheid.nl