The Kingdom of the Netherlands and the Republic of Cyprus, hereinafter called in the present Agreement the Contracting Parties, both having ratified the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December 1944, hereinafter referred to in the present Agreement as the “Convention” and desiring to make arrangements for commercial scheduled air transport between and beyond their respective territories, and with a view to promoting tourism, have agreed on the following:
For the purpose of the present Agreement and the Annex thereto the following terms have the following meaning, unless otherwise stated in the text:
(a) “Aeronautical Authorities” means in the case of the Kingdom of the Netherlands the Director General of Civil Aviation and in the case of the Republic of Cyprus the Civil Aviation Administration of the Ministry of Communications and Works or in both cases any other agency or person authorized to perform the functions presently exercised by the said Authorities.
(b) “Designated airline” means the airline that one of the Contracting Parties shall have designated in writing to the other Contracting Party, in accordance with Article 3 of the present Agreement, as the airline which is to operate the international air services on the routes specified in Article 2 of the present Agreement.
(c) “Territory”, “air service”, “international air service”, “airline” and “stop for non-traffic purposes” shall have, in the application of the present Agreement the meaning specified in Articles 2 and 96 of the Convention.
Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing scheduled international air services on the routes specified in the Annex to the present Agreement.
Such services and routes are hereinafter called “the agreed services” and “the specified routes” respectively.
The airline designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:
(a) to fly, without landing, across the territory of the other Contracting Party;
(b) to make stops in the said territory for non-traffic purposes;
(c) to make stops in the said territory at the points specified for that route in the Annex to the present Agreement, for the purpose of putting down and taking on international traffic in passengers, cargo and mail.
2 On receipt of such designation, the other 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 authorization.
4 Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified in Article 2, 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.
5 When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that a tariff, established in accordance with the provisions of Article 9 of the present Agreement, is in force in respect of that service.
The designated airline of each Contracting Party shall communicate for approval to the Aeronautical Authorities of the other Contracting Party not later than thirty (30) days prior to the inauguration of services on the routes specified in accordance with Article 2 of the present Agreement the types of aircraft to be used and the flight schedules. This shall likewise apply to later changes.
2 In the operation of international air services on the routes specified in accordance with the Article 2 of the present Agreement, the designated airline of one Contracting Party shall take account of the interests of the designated airline of the other Contracting Party so as not to effect unduly the air services which the latter airline operates on the same routes or parts of them.
1 Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of the present Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:
(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
(b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights, or
(c) in case the airline otherwise fails to operate in accordance with conditions prescribed under the present Agreement.
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.
1 Aircraft operated on international services by the designated airline 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.
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.
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.
Passengers in transit across the territory of either Contracting Party shall be subject to no more than a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
[Red: Wordt vervangen door de Internationale Overeenkomst inzake de procedure voor de vaststelling van tarieven voor geregelde luchtdiensten; Parijs, 10 juli 1967.]
Either Contracting Party undertakes to grant the other 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 shipments and freight by the designated airline of the other Party. Wherever the payments system between the Contracting Parties is governed by a special agreement, this agreement shall apply.
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 the present Agreement and the Annex thereto.
2 The Aeronautical Authorities of each of the Contracting Parties shall furnish the Aeronautical Authorities of the other Contracting Party, at their request, with all periodic statistical data of the designated airlines, as may be reasonably required for the purpose of reviewing the capacity provided by the designated airline of each Contracting Party on the specified routes.
1 If either of the Contracting Parties considers it desirable to modify any provisions of the present Agreement, it may request consultation with the other Contracting Party. Such consultation, which may be between Aeronautical Authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days of the date of the request. Any modifications so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes, which shall state that the formalities required by the national legislation of each Contracting Party have been completed.
The present Agreement and the Annex to this Agreement will be amended so as to conform with any multilateral air transport convention which may become binding on both Contracting Parties.
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate twelve (12) 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 (14) days after the receipt of the notice by the International Civil Aviation Organization.
2 If the Contracting Parties fail to reach a settlement by negotiations, they may agree to submit the dispute for decision to some person or body or the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated arbitrators. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice, through diplomatic channels, requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of sixty (60) days.
If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.
The charges imposed by either 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 its national aircraft operating international services.
The present Agreement, any amendment to it and any exchange of notes under this Agreement shall be communicated to the International Civil Aviation Organization for registration.
IN WITNESS WHEREOF the undersigned being duly authorized thereto by their respective Governments, have signed the present Agreement.
DONE, in duplicate, at Nicosia this eighteenth of April of the year one thousand nine hundred and sixty nine (1969), in the English language.
For the Kingdom of the Netherlands
(sd.) C. VREEDE
For the Republic of Cyprus
(sd.) N. DIMITRIOU