The Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern
Ireland (hereinafter referred to as the “Contracting Parties");
Being parties to the Convention on International Civil Aviation opened for signature
at Chicago on 7 December 1944;
Desiring to conclude an Agreement supplementary to the said Convention for the purpose
of establishing air services between and beyond the United Kingdom Overseas Territories
of Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and
the Turks and Caicos Islands on the one hand, and the Netherlands Antilles on the
other;
Have agreed as follows:
For the purpose of this Agreement, unless the context otherwise requires:
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a) the term “the Chicago Convention" means the Convention on International Civil Aviation,
opened for signature at Chicago on 7 December 1944 and includes:
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(i) any amendment thereof and has been ratified by both Contracting Parties; and
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(ii) any Annex or any amendment thereto adopted under Article 90 of that Convention, insofar
as such amendment or annex is at any given time effective for both Contracting Parties;
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b) the term “aeronautical authorities" means in the case of the United Kingdom, the Secretary
of State for the Environment, Transport and the Regions, and for the purpose of Article
7 of this Agreement, the Civil Aviation Authority and in the case of the Kingdom of
the Netherlands, the Minister of Transport and Communications of the Netherlands Antilles,
or, in both cases, any person or body who may be authorised to perform any functions
at present exercisable by the above-mentioned authorities or similar functions;
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c) the term “designated airline" means an airline which has been designated and authorised
in accordance with Article 4 of this Agreement;
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d) the term “territory" means in relation to the United Kingdom the land areas of Anguilla,
Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks
and Caicos Islands and the territorial waters adjacent thereto and in relation to
the Kingdom of the Netherlands the land areas of the Netherlands Antilles and the
territorial waters adjacent thereto;
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e) the terms “air service", “international air service", “airline" and “stop for non-traffic
purposes" have the meanings respectively assigned to them in Article 96 of the Chicago
Convention;
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f) the term “this Agreement" includes the Annex hereto and any amendments to it or to
this Agreement;
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g) the term “user charges" means a charge made to airlines by the competent authority
or permitted by that authority to be made for the provision of airport property or
facilities or of air navigation facilities, including related services and facilities,
for aircraft, their crews, passengers and cargo.
Article 2. Applicability of the Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Chicago
Convention insofar as those provisions are applicable to international air services.
Article 3. Grant of Rights
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2 Each Contracting Party grants to the other Contracting Party the rights hereinafter
specified in this Agreement for the purpose of operating international air services
on the routes specified in the appropriate Section of the Schedule annexed to this
Agreement. Such services and routes are hereinafter called “the agreed services" and
“the specified routes" respectively. While operating an agreed service on a specified
route the airline or airlines designated by each Contracting Party shall enjoy in
addition to the rights specified in paragraph 1 of this Article the right to make
stops in the territory of the other Contracting Party at the points specified for
that route in the Schedule to this Agreement for the purpose of taking on board and
discharging passengers and cargo, including mail.
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3 Nothing in paragraph 2 of this Article shall be deemed to confer on the designated
airline or airlines of one Contracting Party the right to take on board, in the territory
of the other Contracting Party, passengers and cargo, including mail, carried for
hire or reward and destined for another point in the territory of the other Contracting
Party.
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4 If because of armed conflict, political disturbances or developments, or special
and unusual circumstances, a designated airline of one Contracting Party is unable
to operate a service on its normal routeing, the other Contracting Party shall use
its best efforts to facilitate the continued operation of such service through appropriate
temporary rearrangements of routes.
Article 4. Designation and Authorisation of Airlines
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2 On receipt of such a designation the other Contracting Party shall, subject to the
provisions of paragraphs 3 and 4 of this Article, without delay grant to the airline
or airlines designated the appropriate operating authorisations.
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4 Each Contracting Party may refuse to grant the operating authorisations referred
to in paragraph 2 of this Article, or impose such conditions as it may deem necessary
on the exercise by a designated airline of the rights specified in Article 3, paragraph
2, of this Agreement, in any case where the said Contracting Party is not satisfied
that substantial ownership and effective control of that airline are vested in the
Contracting Party designating the airline or in its nationals.
Article 5. Revocation or Suspension of Operating Authorisations
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1 Each Contracting Party may revoke an operating authorisation or suspend the exercise
of the rights specified in Article 3, paragraph 2, of this Agreement by an airline
designated by the other Contracting Party, or impose such conditions as it may deem
necessary on the exercise of those rights:
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a) in any case where it is not satisfied that substantial ownership and effective control
of that airline are vested in the Contracting Party designating the airline or in
nationals of such Contracting Party; or
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b) in the case of failure by that airline to comply with the laws or regulations normally
and reasonably applied by the Contracting Party granting those rights; or
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c) if the airline otherwise fails to operate in accordance with the conditions prescribed
under this Agreement.
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2 Unless immediate revocation, suspension or imposition of the conditions mentioned
in paragraph 1 of this Article is essential to prevent further infringements of laws
or regulations, such right shall be exercised only after consultation with the other
Contracting Party.
Article 6. Principles Governing the Operation of Agreed Services
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3 The agreed services provided by the designated airlines of the Contracting Parties
shall bear a close relationship to the requirements of the public for transportation
on the specified routes and shall have as their primary objective the provision at
a reasonable load factor of capacity adequate to carry the current and reasonably
anticipated requirements for the carriage of passengers and cargo, including mail,
coming from or destined for the territory of the Contracting Party which has designated
the airline. Provision for the carriage of passengers and cargo, including mail, both
taken on board and discharged at points on the specified routes in the territories
of States other than that designating the airline shall be made in accordance with
the general principles that capacity shall be related to:
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a) traffic requirements to and from the territory of the Contracting Party which has
designated the airline;
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b) traffic requirements of the area through which the agreed service passes, after taking
account of other transport services established by airlines of the States comprising
the area; and
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c) the requirements of through airline operation.
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1
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a) The term “tariff" means:
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(i) the price to be charged for the carriage of passengers, baggage or cargo (excluding
mail);
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(ii) the additional goods, services or other benefits to be furnished or made available
in conjunction with such carriage or as a matter which is incidental thereto or consequential
thereon; and
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(iii) the prices to be charged for such additional goods, services or benefits;
and includes the conditions that are to govern the applicability of any such price
and the furnishing or availability of any such goods, services or benefits.
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(iv) the rate of commission paid by an airline to an agent in respect of tickets sold or
air waybills completed by that agent for carriage on scheduled air services.
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b) Where fares or rates differ according to the season, day of the week or time of the
day on which a flight is operated, the direction of travel or according to some other
factor, each different fare or rate shall be regarded as a separate tariff whether
or not it has been filed separately with the related conditions with the relevant
authorities.
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2 The tariffs to be charged by the designated airlines of the Contracting Parties for
carriage between their territories 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 the cost of operating the agreed services,
the interests of users, reasonable profit and market considerations.
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5
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a) Each proposed tariff may be approved by the aeronautical authority of either Contracting
Party at any time. In the absence of such approval and provided it has been filed
in accordance with paragraph 4 of this Article, it will be treated as having been
approved by the aeronautical authority of a Contracting Party 21 days after the date
of filing unless within 20 days after the date of filing the aeronautical authority
of that Contracting Party has served on the aeronautical authority of the other Contracting
Party written notice of disapproval of the proposed tariff.
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b) Each proposed tariff which has been filed in the form required by paragraph 4 of this
Article, but not in conformity with the minimum filing period therein specified, shall
nevertheless be treated as having been approved by the aeronautical authority of a
Contracting Party 21 days after the date of filing unless the aeronautical authority
of that Contracting Party has either:
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(i) notified the airline filing the proposed tariff within 15 days after the date of filing
that the proposed tariff must be refiled in conformity with the minimum filing period,
or
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(ii) served on the aeronautical authority of the other Contracting Party within 20 days
after the date of filing written notice of disapproval of the proposed tariff.
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7 If a notice of disapproval is given in accordance with the provisions of paragraph
5 of this Article, the aeronautical authorities of the two Contracting Parties may
determine the tariff by mutual agreement. Either Contracting Party may, within 30
days of the service of a notice of disapproval, request consultations which shall
be held within 30 days of the request.
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8 If a tariff has been disapproved by one of the aeronautical authorities in accordance
with paragraph 5 of this Article, and the aeronautical authorities have been unable
to determine the tariff by agreement in accordance with paragraph 7 of this Article,
the dispute may be settled in accordance with the provisions of Article 15 of this
Agreement.
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10 Except with the agreement of the aeronautical authorities of both Contracting Parties,
and for such period as they may agree, a tariff shall not be prolonged by virtue of
paragraph (9) of this Article:
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a) where a tariff has an expiry date, for more than 12 months after that date;
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b) where a tariff has no expiry date, for more than 12 months after the date on which
the designated airline or airlines of one Contracting Party or both, file a replacement
tariff with the aeronautical authorities of the Contracting Parties.
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11 Notwithstanding paragraphs 4–10 above, the aeronautical authority of the United Kingdom
does not require the filing for its approval of tariffs for the carriage of cargo
between points in the territories of the two Contracting Parties. In such cases, references
in paragraphs 4–10 above to receipt of filings shall be deemed to refer to the receipt
of such filings by the Netherlands Antilles Government.
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12
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a) The tariffs to be charged by a designated airline of one Contracting Party for carriage
between the territory of the other Contracting Party and a third State shall be filed
for the approval of the aeronautical authority of the other Contracting Party. Each
tariff filed shall be given approval if it is identical in level, conditions and date
of expiry to a tariff currently approved by that aeronautical authority and applied
by a designated airline of that other Contracting Party for carriage between its territory
and that of the third State, provided that the aeronautical authority may withdraw
its approval if the tariff being matched is discontinued for any reason, or may vary
the terms of the approval to correspond to any approved variation in the tariff being
matched.
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b) Notwithstanding sub-paragraph a) above, the aeronautical authority of the United Kingdom
does not require the filing for its approval of tariffs to be charged by the designated
airline or airlines of the Netherlands Antilles for the carriage of cargo between
the territory of the United Kingdom and the third State.
Article 8. Customs Duties
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1 Fuel, lubricating oils and spare parts introduced into or taken on board aircraft
in the territory of one Contracting Party by, or on behalf of, the airlines designated
by the other Contracting Party and intended solely for use by the aircraft of such
designated airlines shall be accorded, with respect to customs duties, inspection
fees or other charges imposed by the former Contracting Party, treatment not less
favourable than that granted to its own designated airlines.
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2 Aircraft operated on the agreed services and supplies of fuel, lubricating oils,
spare parts, regular equipment and aircraft stores retained on board aircraft of the
designated airline or airlines of one Contracting Party shall be exempt in the territory
of the other Contracting Party from customs duties, inspection fees or similar duties
or charges, even though such supplies be used by such aircraft on flights in that
territory. Goods so exempted may only be unloaded with the approval of the customs
authorities of the other Contracting Party. These goods, which are to be re-exported,
shall be kept until re-exportation under customs supervision.
Article 9. Aviation Security
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1 The assurance of safety for civil aircraft, their passengers and crew being a fundamental
pre-condition for the operation of international air services, the Contracting Parties
reaffirm that their obligations to each other to provide for the security of civil
aviation against acts of unlawful interference (and in particular their obligations
under the Chicago Convention, 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 and the Protocol for Suppressions of Unlawful Acts
of Violence at Airports Serving International Civil Aviation, signed at Montreal on
24 February 1988) form an integral part of this Agreement.
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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.
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3 The Contracting Parties shall, in their mutual relations, act in conformity with
the aviation security Standards and, so far as they are applied by them, the Recommended
Practices established by the International Civil Aviation Organisation and designated
as Annexes to the Chicago Convention; and shall require that operators of aircraft
of their registry, operators who have their principal place of business or permanent
residence in their territory, and the operators of airports in their territory, act
in conformity with such aviation security provisions. In this paragraph the reference
to aviation security Standards includes any difference notified by the Contracting
Party concerned. Each Contracting Party shall give advance information to the other
of its intention to notify any difference.
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4 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 increases in the threat. Each Contracting Party agrees that their airlines
may 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 favourably upon any request from the other Contracting Party
for reasonable special security measures to meet a particular threat.
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5 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 as rapidly as possible commensurate with minimum risk to life such incident
or threat.
Article 10. Provision of Statistics
The aeronautical authority of a Contracting Party shall supply to the aeronautical
authority of the other Contracting Party at its request such periodic or other statements
of statistics as may be reasonably required for the purpose of reviewing the capacity
provided on the agreed services by the designated airline or airlines of the Contracting
Party referred to first in this Article. Such statements shall include all information
required to determine the amount of traffic carried by those airlines on the agreed
services and the origins and destinations of such traffic.
Article 11. Transfer of Earnings
Each designated airline may convert and remit to its country on demand local revenues
in excess of sums locally disbursed. Conversion and remittance shall be permitted
without restrictions at the rate of exchange applicable to current transactions which
is in effect at the time such revenues are presented for conversion and remittance,
and shall not be subject to any charges except those normally made by banks for carrying
out such conversion and remittance.
Article 12. Airline Representation and Sales
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1 The designated airline or airlines of one Contracting Party may, in accordance with
the laws and regulations relating to entry, residence and employment of the other
Contracting Party, bring in and maintain in the territory of the other Contracting
Party those of their own managerial, technical, operational and other specialist staff
who are required for the provision of air services.
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2 The designated airline or airlines of each Contracting Party may engage in the sale
of air transportation in the territory of the other Contracting Party, either directly
or through agents appointed by the designated airline. The designated airline or airlines
of each Contracting Party may sell, and any person shall be free to purchase, such
transportation in local currency or in any freely convertible other currency.
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2 Each Contracting Party shall encourage consultation on user charges between their
competent charging authorities and airlines using the services and facilities provided
by those charging authorities, where practicable through those airlines' representative
organisations. Reasonable notice of any proposals for changes in user charges should
be given to such users to enable them to express their views before changes are made.
Each Contracting Party shall further encourage its competent charging authorities
and such users to exchange appropriate information concerning user charges.
Either Contracting Party may at any time request consultations on the implementation,
interpretation, application or amendment of this Agreement or compliance with this
Agreement. Such consultations, which may be between aeronautical authorities, shall
begin within a period of 60 days from the date the other Contracting Party receives
a written request, unless otherwise agreed by the Contracting Parties.
Article 15. Settlement of Disputes
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2 If the Contracting Parties fail to reach a settlement of the dispute by negotiation,
it may be referred by them to such person or body as they may agree on or, at the
request of either Contracting Party, shall be submitted for decision to a tribunal
of three arbitrators which shall be constituted in the following manner:
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a) within 30 days after receipt of a request for arbitration each Contracting Party shall
appoint one arbitrator. A national of a third State, who shall act as President of
the tribunal, shall be appointed as the third arbitrator by agreement between the
two arbitrators, within 60 days of the appointment of the second;
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b) if within the time limits specified above any appointment has not been made, either
Contracting Party may request the President of the International Court of Justice
to make the necessary appointment within 30 days. If the President has the nationality
of one of the Contracting Parties, the Vice-President shall be requested to make the
appointment. If the Vice-President has the nationality of one of the Contracting Parties,
the Member of the International Court of Justice next in seniority who does not have
the nationality of one of the Contracting Parties shall be requested to make the appointment.
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3 Except as hereinafter provided in this Article or as otherwise agreed by the Contracting
Parties, the tribunal shall determine the limits of its jurisdiction and establish
its own procedure. At the direction of the tribunal, or at the request of either of
the Contracting Parties, a conference to determine the precise issues to be arbitrated
and the specific procedures to be followed shall be held not later than 30 days after
the tribunal is fully constituted.
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4 Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal,
each Contracting Party shall submit a memorandum within 45 days after the tribunal
is fully constituted. Each Contracting Party may submit a reply within 60 days of
submission of the other Contracting Party's memorandum. The tribunal shall hold a
hearing at the request of either Contracting Party, or at its discretion, within 30
days after replies are due.
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5 The tribunal shall attempt to give a written decision within 30 days after completion
of the hearing or, if no hearing is held, 30 days after the date both replies are
submitted. The decision shall be taken by a majority vote.
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8 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 including
any expenses incurred by the President, Vice-President or Member of the International
Court of Justice in implementing the procedures in paragraph 2b) of this Article.
Any amendments of this Agreement agreed by the Contracting Parties shall come into
effect when confirmed by an Exchange of Notes.
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 Organisation. This Agreement shall
terminate at midnight (at the place of receipt of the notice) immediately before the
first anniversary of the date of receipt of the notice by the other Contracting Party,
unless the notice is withdrawn by agreement before the end of this period. In the
absence of acknowledgement of receipt by the other Contracting Party, the notice shall
be deemed to have been received 14 days after receipt of the notice by the International
Civil Aviation Organisation.
Article 18. Applicability
As regards the Kingdom of the Netherlands, this Agreement shall apply to the Netherlands
Antilles only. As regards the United Kingdom of Great Britain and Northern Ireland,
this Agreement shall apply only to Anguilla, Bermuda, the British Virgin Islands,
the Cayman Islands, Montserrat and the Turks and Caicos Islands.
Article 19. Registration with ICAO
This Agreement and any amendment thereto concluded in accordance with Article 16 shall
be registered with the International Civil Aviation Organisation.
Article 20. Entry into Force
This Agreement shall enter into force as soon as the Contracting Parties have notified
each other of the completion of their respective constitutional formalities and supersedes
the Agreement between the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Netherlands for Certain Air Services signed at London
on 13 August 1946, as subsequently amended (“the 1946 Agreement") in so far as the
1946 Agreement applies to air services between and beyond the United Kingdom Overseas
Territories of Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands,
Montserrat and the Turks and Caicos Islands on the one hand, and the Netherlands Antilles
on the other.
