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 Internal 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 en 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:
- for the Kingdom of the Netherlands the Minister of Transport and Public Works;
- for the Republic of Indonesia the Minister of Communications; or in either case any person or body authorized to perform any functions at present excercised by the said Minister;
c) the term “designated airline” means an airline which has been designated and authorized in accordance with Article 3 of this Agreement;
d) the term “territory” in relation to a Contracting Party means the land areas and the territorial waters under the sovereignty of that Contracting Party as defined in its laws and in accordance with international law;
the exercise of sovereignty by the Republic of Indonesia extends to the airspace over its archipelagic waters subject to the provisions of Part IV of the United Nations Convention on the Law of the Sea, 1982;
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, or any other route specifically agreed upon between the Contracting Parties;
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 “tariff” 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 tariff, and
II. the charges and conditions for any services ancillary to such carriage which are offered by or on behalf of airlines.
Article 2. Grant of Rights
Article 3. Designation and Authorization
2 On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 4 and 5 of this Article, without delay grant to the designated airline the appropriate operating authorizations.
5 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 an airline of the rights specified in Article 2 of the 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 and/or in its nationals.
6 Upon receipt of the operating authorization of 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 5 of this Agreement.
Article 4. Revocation and Suspension of Authorization
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 aeronautical authorities of 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 5. Tariffs [Treedt in werking op een nader te bepalen tijdstip. Wordt voorlopig toegepast per 29-12-2011]
1 The tariffs in respect of the agreed services operated by the designated airline(s) of each Contracting Party shall be established by each designated airline individually based upon its commercial considerations in the market place at reasonable levels, due regard being paid to all relevant factors, including the cost of operation and reasonable profit.
5 If such requesting Contracting Party believes that the tariff notified by the designated airline(s) of the other Contracting Party is inconsistent with the considerations set forth in paragraph 3 or published tariffs considerations of the requesting Contracting Party, it shall notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible and request consultation which shall be held no later than thirty (30) calendar days after receipt of the request.
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 organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.
4 Both Contracting Parties shall dispense with the requirement of employment authorizations or visitor visas or other similar documents for personnel performing certain temporary services and duties except in special circumstances determined by the national authorities concerned. Where such authorizations, visas or documents are required, they shall be issued promptly so as not to delay the entry of the personnel concerned into the territory of the other Contracting Party.
Article 6bis. Code Share and Cooperative Arrangements [Treedt in werking op een nader te bepalen tijdstip. Wordt voorlopig toegepast per 29-12-2011]
In operating or holding out air services on the agreed routes, the designated airline(s) of one Contracting Party may enter into commercial and/or cooperative marketing arrangement including but not limited to blocked space, code sharing and leasing arrangements with:
a) an airline or airlines of the same Contracting Party;
b) an airline or airlines of the other Contracting Party, including domestic code share services operated by such airline;
c) an airline or airlines of a third country.
Provided that all airlines in such arrangements:
a) hold the appropriate authority;
b) meet the requirements normally applied to such arrangements;
c) must in respect of any ticket sold by it, make it clear to the purchaser at the point of sale which airline or airlines will actually operate each sector of the service and with which airline or airlines the purchaser is entering into a contractual relationship;
d) the code-share services of the marketing carriers will not be counted as a frequency.
Article 7. Fair Competition
3 Any limitation or restriction of the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airline of one Contracting Party, may be imposed by the other Contracting Party, only if required for customs, technical, operational or environmental reasons on a non-discriminatory basis under uniform conditions consistent with the Convention.
Article 8. Capacity Provisions
Any increase in the capacity to be provided or frequency of services to be operated by the designated airline of either Contracting Party over and above the capacity and frequency entitlements already in force shall be agreed upon between the aeronautical authorities on the basis of, inter alia, the estimated requirements of traffic between the territories of the two Parties and any other traffic to be jointly agreed and determined. Pending such agreement the capacity and frequency entitlements already in force shall prevail.
Article 9. Timetable
The airline designated by each Contracting Party shall submit to the aeronautical authorities of the other Contracting Party for approval, 30 days in advance, the timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public.
Article 10. Customs and other Duties
1 Aircraft operated 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, and similar national or local duties and charges, 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.
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.
Article 11. Financial Provisions
2 The airlines of the Contracting Parties shall be free to transfer from the territory of sale to their home territory the excess, in the territory 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 supplemental services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.
3 The 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 airlines of the Contracting Parties shall be free to effect the actual transfer on receipt of approval.
Article 12. 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, 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 transport 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.
Article 13. Fees, Charges and Preferences
1 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 the airline of the first Party or any other airline engaged in similar operations.
2 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 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 licences 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 licences granted to its own nationals by the other Contracting Party.
Article 14bis. Aviation Safety [Treedt in werking op een nader te bepalen tijdstip. Wordt voorlopig toegepast per 29-12-2011]
2 If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements 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 (Revocation and Suspension of Authorization).
3 Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any Aircraft operated by or, under a lease arrangement, on behalf of the Airline or Airlines of one Contracting Party on Services to or from the Territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorized representatives 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 conditions of the aircraft and its equipment (ramp inspections), 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 or Airlines of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that Airline 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 to 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 or Airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of the Airline’s operation.
Article 15. Aviation Security [Treedt in werking op een nader te bepalen tijdstip. Wordt voorlopig toegepast per 29-12-2011]
1 The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their obligations to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular 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, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and any other convention on aviation security to which the Contracting Parties shall become party.
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.
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 Organization and designated as Annexes to the 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 the 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.
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 the increase in the threat. Each Contracting Party agrees that its designated airline(s) may be required to observe that aviation security provisions referred to in paragraph 3 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 favourable upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
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.
6 When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Such consultations shall take place within thirty (30) days of that request. These consultations will be aimed to reach an agreement upon the measures suitable to eliminate the more immediate reasons of worry and to adopt in the framework of the ICAO security standards, the actions necessary to establish the appropriate conditions of security.
7 Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.
Article 16. Consultation and Modification
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 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 from the date of the 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, they may agree to refer 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. 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 Contracting Party 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 any case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.
4 If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with a decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of the Agreement to the Contracting Party in default or to the designated airline in default.
Article 18. Termination
Either Contracting Party may at any time give written notice 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 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.
Article 19. Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 20. 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 21. Applicability
As regards the Kingdom of the Netherlands, this Agreement shall apply to the Kingdom in Europe only.
Article 22. Entry into force
2 Upon entry into force this Agreement shall replace the Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Indonesia for air services between and beyond their respective territories, done at The Hague on 12 July 1966, as amended.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at The Hague this twenty third day of November, of the year one thousand nine hundred and ninety, in the English language.
For the Government of the Kingdom of the Netherlands
(sd.) J. R. H. MAIJ-WEGGEN
For the Government of the Republic of Indonesia
(sd.) AZWAR ANAS