Agreement between the Kingdom of the Netherlands and the Kingdom of Bahrain for Services between and beyond their respective Territories
The Government of the Kingdom of Bahrain and the Government of the Kingdom of the Netherlands,
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944,
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 their respective territories; have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement and its Annex, unless the context otherwise requires:
a) the term “the 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 been ratified by both Contracting Parties;
b) The term “aeronautical authorities” means:
– in the case of The Kingdom of Bahrain Civil Aviation Affairs, and any person or body legally approved to perform any function at present exercised by the above mentioned authority or similar functions; and
– in the case of the Kingdom of the Netherlands the Minister of Infrastructure and Environment or any person or body authorized to perform functions exercised by the said Minister;
c) the term “designated airline” means an airline which has been designated and authorized in accordance with Article 4 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”, “airline” and “stop for non-traffic purposes” have the meaning respectively assigned to them in Article 96 of the Convention;
f) the terms “agreed service” and “specified route” mean international air service pursuant to Article 2 of this Agreement and the route specified in the appropriate section of the Annex to this Agreement respectively;
g) the term “stores” means articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary supplies;
h) the term “Agreement” means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
i) the term “price” means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the age of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:
I. the conditions governing the availability and applicability of a price, and
II. the charges and conditions for any services ancillary to such carriage which are offered by airlines.
Article 2. Grant of Rights
Article 3. Designation and Authorization
Article 4. Revocation and Suspension of Authorization
2 Unless immediate action is essential to prevent further non-compliance with 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 (Security)
Article 4 (bis). REFERENCES TO NATIONALS OR AIR CARRIERS OF A MEMBER STATE
References in this Agreement to nationals of the Kingdom of the Netherlands shall be understood as referring to nationals of Member States of the European Union or the European Free Trade Association.
References in this Agreement to carriers/airlines of the Kingdom of the Netherlands shall be understood as referring to carriers/airlines designated by the Kingdom of the Netherlands.
Article 5. PRICES
3 Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a price charged or proposed to be charged by (a) an airline of either Contracting Party for international air transportation between the territories of the Contracting Parties, or (b) an airline of one Contracting Party for international air transportation between the territory of the other Contracting Party and any other country.
If either Contracting Party considers any such price inconsistent with the considerations set forth in paragraph (1) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall co-operate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall take effect or continue to be in effect.
Article 6. Commercial Activities
2 The designated airline of one 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.
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 organisation, company or airline operating in the territory of the other Contracting Party, and authorised to perform such services in the territory of that Contracting Party.
5 Notwithstanding any other provision of this Agreement, designated airlines and indirect providers of air transportation of both Contracting Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for passengers, cargo and mail to or from any points in the Territories 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, cargo and mail, whether moving by surface or by air, shall have access to airport customs processing and facilities. Designated airlines 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.
Article 6 (bis)
Subject to the laws and regulations of each Contracting Party including, in the case of the Netherlands, European Union law, each designated airline shall have in the territory of the other Contracting Party the right to perform its own ground handling (“self-handling”) or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, 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.
Article 7. Fair Competition
Article 8. Timetable
1 Neither Contracting Party shall require the filing of schedules, programs for flights or operational plans by designated airlines 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 2 of this Article or as may be specifically authorized in the Annex to this Agreement.
Article 9. Taxes, Customs and Charges
1 Aircraft operating on international air services by the designated airline of either Contracting Party, as well as their 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 national or local duties and charges, on arrival in the territory of the Contracting Party, provided such equipment and supplies remain on board, the aircraft up to such time as they are re-exported.
2 With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft 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 aircraft while operating international services, no duties and charges, including customs duties and inspection fees imposed in the territory 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 territory of the Contracting Party in which they are taken on board. The articles 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 aircraft stores retained on board the aircraft 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 Party, who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
4 Nothing in this Agreement shall prevent the Kingdom of the Netherlands from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline of the Kingdom of Bahrain that operates between a point in the territory of the Kingdom of the Netherlands and another point in the territory of the Kingdom of the Netherlands or in the territory of another European Union Member State.
Article 10. Transfer of Funds
Article 11. 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 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 of the other Contracting Party upon its entrance into, and until and including its 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 or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline 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 and cargo in direct 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. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
4 Fees and charges applied in the territory of either Contracting Party to the airline operations of the other Contracting Party for the use of airports and other aviation facilities in the territory of the first Party, shall not be higher than those applied to the operations of any other airline engaged in similar operations.
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 12. Recognition of Certificates and Licenses
Certificates of airworthiness, certificates of competency and licenses issued, or validated, by one Contracting Party and unexpired 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 licenses were issued, or validated, in conformity with the standards established under the Convention.
Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licenses granted to its own national by the other Contracting Party.
Article 13. 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 14 of this Agreement.
5 When an incident, or threat of an incident, or 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.
2 If, following such consultations one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention the first 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 of this Agreement.
3 Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to/or from the territory of the State of another Party may while within the territory of the State of the other Contracting Party, be made the subject of an examination by the authorized representative of the other Contracting Party on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment ( in this Article called ramp inspection) provided this does not lead to unreasonable delay.
5 In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline(s) of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airlines or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred to in that paragraph.
6 Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline(s) of another Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection (or series of ramp inspections), consultation or otherwise that immediate action is essential to the safety of an airline operation.
10 Where the Kingdom of 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 this Article 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 authorisation of that airline.
Article 14. 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 and shall consult when necessary to provide for modification thereof.
Article 15. 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 so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall designate an arbitrator within a period of sixty days from the date of receipt by either Contracting Party from the other Contracting Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty days. If either of the Contracting Parties fails to designate its own arbitrator within the period of sixty days or if the third arbitrator is not agreed upon within the period indicated, the President of Council of the International Civil Aviation Organisation may be requested by either Contracting Party to appoint an arbitrator or arbitrators.
Article 16. Termination
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 the International Civil Aviation Organisation. In such case this Agreement shall terminate twelve (12) months after the date when the notice has been received by the other Contracting Party unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt 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 Organisation.
Article 17. Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation.
Article 18. Applicability of Multilateral Agreements
2 If a multilateral agreement concerning any matter covered by this Agreement, accepted by both Parties, enters into force, the relevant provisions of that agreement shall supersede the relevant provisions of the present Agreement.
Article 19. Applicability
As regard the Kingdom of the Netherlands, this Agreement shall apply to the Kingdom in Europe only.
Article 20. Entry into force
The present Agreement shall be provisionally applied from the date of its signature and shall come into force on the day on which the Contracting Parties have informed each other in writing that the formalities constitutionally required therefore in their respective countries have been complied with.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Manama on 11th July 1990.
For the Government of the Kingdom of the Netherlands
(sd.) J. F. R. M. VELING
H.E. J. F. R. M. Veling
For the Government of the Kingdom of Bahrain
(sd.) YOUSIF AHMED AL SHIRAWI
H.E. Yousif Ahmed Al Shirawi
Minister of Development & Industry
and Acting Minister of State for Cabinet Affairs