Agreement between the Government of the Kingdom of the Netherlands and the Government
of Mauritius relating to Air Services
[Regeling vervallen per 01-12-2015]
The Government of the Kingdom of the Netherlands and the Government of Mauritius hereinafter
described as the “Contracting Parties”:
Being parties to the Convention on International Civil Aviation opened for signature
at Chicago on the 7th December, 1944;
And desiring to conclude an agreement for the purpose of establishing air services
between and beyond their respective territories,
Article I
[Regeling vervallen per 01-12-2015]
For the purpose of the present Agreement, unless the context otherwise requires:
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(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 Convention
under Articles 90 and 94 thereof so far as those Annexes and amendments have been
adopted by both Contracting Parties;
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(b) the term “aeronautical authorities” shall mean, in the case of Mauritius, the Ministry
charged with the responsibility for Civil Aviation and in the case of the Kingdom
of the Netherlands, the Director General of Civil Aviation, and in both cases any
person or body authorised to perform the functions presently exercised in the said
Ministry or by the said Director General;
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(c) the term “designated airline” shall mean an airline which one Contracting Party has
designated in writing to the other Contracting Party, in accordance with Article III
of the present Agreement;
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(d) the terms “territory”, “air services”, “international air service” and “stop for non-traffic
purposes” have the meanings respectively assigned to them in Articles 2 and 96 of
the Convention.
Article II
[Regeling vervallen per 01-12-2015]
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3 Nothing in paragraph 2 of this Article shall be deemed to confer on the airline of
one Contracting Party the privilege of taking on, in the territory of the other Contracting
Party, passengers, cargo or mail destined for another point in the territory of that
other Contracting Party.
Article III
[Regeling vervallen per 01-12-2015]
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2 On receipt of the designation, the Contracting Party shall, subject to the provisions
of paragraphs 3 and 4 of this Article, without delay grant to the designated airline
the appropriate operating authorisation.
Article IV
[Regeling vervallen per 01-12-2015]
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1 Each Contracting Party shall have the right to revoke an operating authorisation or
to suspend the exercise of the rights specified in Article II of the present Agreement
by an airline designated by the other Contracting Party, or to impose such conditions
as it may deem necessary on the exercise of these 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 de 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 of the
Contracting Party granting these rights, or
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(c) in case the airline otherwise fails to operate in accordance with the conditions prescribed
under the present 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 V
[Regeling vervallen per 01-12-2015]
The charges imposed in the territory of one Contracting Party for the use of airports
and other aviation facilities by the aircraft of the designated airline of the other
Contracting Party shall not be higher than those paid by the aircraft of a national
airline engaged in similar international air services.
Article VI
[Regeling vervallen per 01-12-2015]
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1 Aircraft operated on international services by the designated airlines of either Contracting
Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants,
and aircraft stores (including food, beverages and tobacco) on board such aircraft
shall be exempt from all customs duties, inspection fees and other duties or taxes
on arriving in the territory of the other Contracting Party, provided such equipment
and supplies remain on board the aircraft up to such time as they are re-exported.
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2 Supplies of fuels, lubricants, spare parts, regular equipment 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 in the operation of international
services shall be exempt from all national duties and charges, including customs duties
and inspection fees imposed in the territory of the first Contracting Party, 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 materials
referred to above may be required to be kept under customs supervision or control.
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3 The regular airborne equipment, spare parts, aircraft stores and supplies of fuels
and lubricants 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 those materials be placed under their
supervision up to such time as they are re-exported or otherwise disposed of in accordance
with customs regulations.
Article VII
[Regeling vervallen per 01-12-2015]
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1 The designated airline of each Contracting Party shall, in all respects, enjoy fair
and equal opportunity for the carriage of international traffic between and beyond
the territories of the two Parties.
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4 The agreed services provided by a designated airline shall retain as their primary
objective the provision, at a reasonable loadfactor, of capacity adequate to the traffic
demands between the country of which such airline is a national and the country of
ultimate destination of the traffic. The right to embark and to disembark on such
services international traffic destined for or coming from third countries at a point
or points of the specified routes shall be applied in accordance with the general
principles of orderly development to which both Contracting Parties subscribe and
shall be subject to the general principle that capacity should be related:
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(1) to traffic requirements between the country of origin and the countries of destination,
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(2) to the requirements of through airline operation, and
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(3) to the traffic requirements of the area through which the airline passes after taking
account of local and regional services.
Article VIII
[Regeling vervallen per 01-12-2015]
Each Contracting Party shall cause its designated airline to communicate to the aeronautical
authorities of the other Contracting Party, as long in advance as practicable, prior
to the inauguration of the agreed services, the type of service, the type of aircraft
to be used and the flight schedules concerning the operation of the agreed services.
The requirements of this article shall likewise apply to any changes concerning the
agreed services.
Article IX
[Regeling vervallen per 01-12-2015]
The designated airline of either Contracting Party shall supply to the aeronautical
authorities of the other Contracting Party at their request such periodic or other
statements of statistics as may be reasonably required for the purpose of reviewing
the capacity provided on its agreed services.
Article X
[Regeling vervallen per 01-12-2015]
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1 In the following paragraphs, the term “tariff” means the prices to be paid for the
carriage of passengers, baggage and freight and the conditions under which those prices
apply, including prices and conditions for agency and other auxiliary services, but
excluding remuneration or conditions for the carriage of mail.
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2 The tariffs to be charged by the airlines of one Party for carriage to or from the
territory of the other Party 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.
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3 The tariffs referred to in paragraph 2 of this Article shall, if possible, be agreed
by the airlines concerned of both Parties, after consultation with the other airlines
operating over the whole or part of the route, and such agreement shall, wherever
possible, be reached by the use of the procedures of the International Air Transport
Association for the working out of tariffs.
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4 The tariffs so agreed be submitted for the approval of the aeronautical authorities
of both Parties at least ninety days before the proposed date of their introduction.
In special cases, this period may be reduced, subject to the agreement of the said
authorities.
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5 This approval may be given expressly. If neither of the aeronautical authorities has
expressed disapproval within thirty days from the date of submission, in accordance
with paragraph 4 of this Article, these tariffs shall be considered as approved. In
the event of the period for submission being reduced, as provided for in paragraph
4, the aeronautical authorities may agree that the period within which any disapproval
must be notified shall be less than thirty days.
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6 If a tariff cannot be agreed in accordance with paragraph 3 of this Article, or if,
during the period applicable in accordance with paragraph 5 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 3, the aeronautical authorities
of the two Parties shall, after consultation with the aeronautical authorities of
any other State whose advice they consider useful, endeavour to determine the tariff
by mutual agreement.
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7 If the aeronautical authorities cannot agree on any tariff submitted to them under
paragraph 4 of this Article, or on the determination of any tariff under paragraph
6 of this Article, the dispute shall be settled in accordance with the provisions
of Article XV.
Article XI
[Regeling vervallen per 01-12-2015]
Passengers in transit across the territory of either Contracting Party shall be subject
to no more than a very simplified customs control. Baggage and cargo in direct transit
shall be exempt from customs duties and other similar taxes.
Article XII
[Regeling vervallen per 01-12-2015]
Either Contracting Party undertakes to grant to the other Contracting Party free transfer,
at the official rate of exchange, of the excess of receipts over expenditure achieved
on its territory in connection with the carriage of passengers, baggage, mail and
cargo by a designated airline of the other Contracting Party. Wherever the payments
system between the Contracting Parties is governed by a special agreement, this special
agreement shall apply.
Article XIII
[Regeling vervallen per 01-12-2015]
In a spirit of close collaboration, the aeronautical authorities of the two Contracting
Parties shall exchange views regularly on the application and interpretation of the
present Agreement.
Article XIV
[Regeling vervallen per 01-12-2015]
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1 If either of the Contracting Parties considers it desirable to modify any provision
of the present Agreement or its Annex, it may request consultation with the other
Contracting Party; such consultation, which may be between the Aeronautical Authorities
and which may be through discussion or by correspondence, shall begin within a period
of sixty (60) days from the date of the request.
Article XV
[Regeling vervallen per 01-12-2015]
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1 If any dispute arises relating to the interpretation or application of the present
Agreement the aeronautical authorities of the Contracting Parties shall endeavour
to settle it by negotiations between themselves, failing which the dispute shall be
referred to the Contracting Parties for settlement.
Article XVI
[Regeling vervallen per 01-12-2015]
Either Contracting Party may, at any time, give written notice to the other, of its
desire to terminate the present Agreement. Such notice shall be simultaneously communicated
to the International Civil Aviation Organisation. If such notice is given, the present
Agreement shall terminate twelve months after the date of receipt of the notice 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
days after the receipt of the notice by the International Civil Aviation Organisation.
Article XVII
[Regeling vervallen per 01-12-2015]
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2 The present Agreement shall be provisionally applicable from the date of its signature
and shall come into force on a date to be laid down in an exchange of diplomatic notes,
which shall state that the formalities required by the national legislation of each
Contracting Party have been accomplished.
