The Government of the Kingdom of the Netherlands,
the Government of Macau, duly authorized by the competent sovereign institution of the Portuguese Republic and with the consent of the Government of the People's Republic of China,
desiring to contribute to the progress of international civil aviation;
desiring to conclude an Agreement for the purpose of establishing air services between and beyond Macau and the Netherlands, have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement and its Annex, unless the context otherwise requires:
a) the term "aeronautical authorities" means:
for the Kingdom of the Netherlands the Minister of Transport, Public Works and Watermanagement;
for Macau, the Civil Aviation Authority;
or in either case any person or body authorized to perform any functions at present exercised by the said authorities;
b) the term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
c) the term "area" in relation to Macau includes the Macau Peninsula and the Taipa and Coloane Islands and in relation to the Kingdom of the Netherlands has the meaning assigned to "Territory" in Article 2 of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
d) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the said Convention;
e) the terms "agreed service" and "specified route" mean international air service pursuant to Article 3 of this Agreement and the route specified in the appropriate Section of the Annex to this Agreement respectively;
f) the term "stores" means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;
g) the term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
h) the term "tariff" means any amount 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 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 which are offered by airlines.
Article 2. Provisions of the Chicago Convention Applicable to International Air Services
In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including the Annexes and any amendments to the Convention or to its Annexes, insofar as these provisions are applicable to international air services.
Article 3. Grant of Rights
Article 4. Designation and Authorization
2 On receipt of such notification, each Contracting Party shall, without delay, grant to the airline thus designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article.
3 Upon receipt of the operating authorization referred to in 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 and that tariffs for such services have been established in accordance with the provisions of Article 6 of this Agreement.
Article 5. Revocation and Suspension of Authorisation
2 Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations 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.
Article 6. Tariffs
1 The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between their areas shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines for any part of the specified route.
2 Tariffs referred to in paragraph 1 of this Article shall, whenever possible, be agreed by the designated airlines by means of the procedures of the International Air Transport Association for the fixation of tariffs. When this is not possible the tariffs shall be agreed between the designated airlines. In any case the tariffs shall be subject to the approval of the aeronautical authorities of both Contracting Parties.
4 Approval of tariffs may be given expressly; or, if neither of the aeronautical authorities has expressed disapproval within thirty (30) days of the date of submission, in accordance with paragraph 3 of this Article, the tariffs shall be considered as approved.
In the event of the period for submission being reduced, as provided for in paragraph 3 of this Article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be reduced accordingly.
5 If a tariff cannot be agreed in accordance with paragraph 2 of this Article, or if, during the period applicable in accordance with paragraph 4 of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the two Contracting Parties shall, endeavour to determine the tariff by mutual agreement.
6 If the aeronautical authorities cannot agree on a tariff submitted to them under paragraph 3 of this Article, or on the determination of a tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.
Article 7. Commercial Activities
2 The designated airline of one Contracting Party shall be allowed, to bring into and maintain in the area of the other Contracting Party its managerial, commercial, operational and technical staff, it may require in connection with the provision of air transportation.
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 area of the other Contracting Party provided that they are authorized to perform such services (including handling for other airlines) in the area of that Contracting Party.
Article 8. Fair Competition
Article 9. Timetable
1 The airline designated by each Contracting Party shall present to the aeronautical authorities of the other Contracting Party, forty five (45) days in advance the timetable for its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public.
Article 10. Taxes, Customs and Charges
1 Aircraft operating on international air services by the designated airline of either Contracting Party, as well as any regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores (including food, beverages and tobacco) on board as well as advertising and promotional material kept on board such aircraft shall be exempt from all customs duties, inspection fees and similar duties and charges, on arrival in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft until such time as they are re-exported.
2 With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores brought into the area 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 aircraft while operating international services, no duties and charges, including customs duties and inspection fees imposed in the area 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 area 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 may not be interpreted in such a way that a Contracting Party can be made subject to the obligation to refund customs duties which have already been levied on the items referred to above.
3 Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores kept on board the aircraft of either Contracting Party may be unloaded on the area of the other Contracting Party only with the approval of the customs authorities of that Party, who may require that these items be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
Article 11. Double Taxation
Article 12. Transfer of Funds
2 The designated airlines of the Contracting Parties shall be free to transfer from the areas of sale to their home area the excess, in the area of sale, of receipts over expenditure. Included in such net transfer shall be revenues from sales, made directly or through agents, of air transport services and ancillary or supplementary services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.
3 The designated airlines of the Contracting Parties shall receive approval for such transfer within at most thirty (30) days of application, into a freely convertible currency, at the official rate of exchange for conversion of local currency as at the date of sale.
The designated airlines of the Contracting Parties shall be free to effect the actual transfer on receipt of approval.
Article 13. Application of Laws, Regulations and Procedures
1 The laws, regulations and procedures of either Contracting Party relating to the admission to or departure from its area of aircraft engaged in international air services, or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon its entry into, and until and including its departure from the said area.
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 or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline of the other Contracting Party upon their entry into, and until and including their departure from the area of the said Contracting Party.
3 Passengers, baggage and cargo in direct transit across the area 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. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
5 Neither of the Contracting Parties shall give preference to any other airline over the designated airline 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.
Article 14. Recognition of Certificates and Licences
Certificates of airworthiness, certificates of competency and licences issued or validated, by one Contracting Party which have not expired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licences were issued or validated in conformity with the standards established under the Convention referred to in Article 2 of this Agreement.
Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own area certificates of competency and licences granted to, in the case of the Kingdom of the Netherlands its own nationals or, in the case of Macau its residents, by the other Contracting Party.
Article 15. Security
3 The Contracting Parties shall act consistently with applicable aviation security provisions established by the International Civil Aviation Organization. Should a Contracting Party depart from such provisions, the other Contracting Party may request consultations with that Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request. Failure to reach a satisfactory agreement could constitute grounds for the application of Article 17 of this Agreement.
4 The Contracting Parties shall 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, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, insofar as those Conventions are applicable to the Contracting Parties.
5 When an incident, or threat of an incident, of unlawful seizure of aircraft or other unlawful acts against the safety of aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications intended to terminate rapidly and safely such incident or threat thereof.
Article 16. Consultation and Amendment
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.
2 Either Contracting Party may request consultations with a view to modify the present Agreement or its Annex. These consultations shall begin within sixty (60) days of 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.
Article 17. Settlement of Disputes
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 thus chosen, provided that the third arbitrator shall not be a national of the Kingdom of the Netherlands or a resident of Macau. 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 written 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.
Article 18. Termination
Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. 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 on which the notice was received by the other Contracting Party unless the notice to terminate is withdrawn by agreement before the expiry of this period. If the receipt is not acknowledged by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
Article 19. Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 20. Applicability
As regards the Kingdom of the Netherlands, this Agreement shall apply to the Kingdom in Europe only.
Article 21. Entry into Force
This Agreement shall enter into force as soon as the Contracting Parties have informed each other in writing that any necessary procedures have been completed.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at The Hague on 16 November 1994, in the English language.
For the Government of the Kingdom of the Netherlands
(sd.) A. JORRITSMA-LEBBINK
For the Government of Macau
(sd.) V. R. VIEIRA