The Kingdom of the Netherlands, in respect of Curaçao,
and
the Czech Republic
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; and
Desiring to conclude an agreement for the purpose of developing air services between
and beyond their respective territories;
For the purpose of this Agreement, unless the context otherwise requires:
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a) the term “Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted
under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94, so far as those Annexes and amendments have been adopted by both Contracting Parties;
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b) the term “aeronautical authorities” means in the case of the Czech Republic the Ministry
of Transport and, in the case of the Kingdom of the Netherlands, in respect of Curaçao,
the Minister responsible for Civil Aviation of Curaçao, or, in both cases, any other
authority legally empowered to perform the functions exercised by the said aeronautical
authorities;
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c) the term “designated airline” means each airline that one Contracting Party has designated
in writing to the other Contracting Party and which has been authorized in accordance
with Article 3 of this Agreement to operate the agreed services on the specified routes in conformity
with paragraph 1. of Article 2 of this Agreement;
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d) the terms “territory”, “air service”, “international air service”, “airline” and “stop
for non-traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;
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e) the term “capacity” in relation to the agreed services means the available seat capacity
of the aircraft used on such services, multiplied by the frequency operated by such
aircraft over a given period on a route or section of a route;
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f) the term “tariff” means the prices or charges to be paid for carriage of passengers,
baggage and/or cargo (excluding remuneration and conditions for the carriage of mail)
and the conditions under which those prices and charges apply, including commissions
to be paid on the carriage for agency services, charges and conditions for any services
ancillary to such carriage which are offered by airlines and also include any significant
benefits provided in association with the carriage;
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g) the term “Agreement” means this Agreement, its Annex, and any amendments thereto. The Annex forms an integral part of the Agreement and
all references to the Agreement shall include reference to the Annex except where
otherwise provided;
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h) the term “European Union Treaties” means the Treaty on European Union and the Treaty on the functioning of the European Union.
Article 2. Traffic Rights
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4 Nothing in paragraph 2 of this Article shall be deemed to confer on the designated
airline of one Contracting Party the right of embarking, in the territory of the other
Contracting Party, passengers, baggage and cargo including mail carried for remuneration
or hire and destined for another point in the territory of that other Contracting
Party.
Article 3. Designation and Operating Authorization
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1 Each Contracting Party shall have the right to designate in writing, through diplomatic
channels, to the other Contracting Party, an airline or airlines for the purpose of
operating the agreed services in accordance with this Agreement and to withdraw the
designation of any airline or to substitute another airline for one previously designated.
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2 The aeronautical authorities, which have received the notification of designation,
shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant without
delay to the designated airline of the other Contracting Party the necessary operating
authorizations.
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4 The aeronautical authorities of each Contracting Party shall have the right to refuse
to accept the designation of an airline and 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 for the exercise of the rights specified in Article 2 of this Agreement, whenever the Contracting Party has no proof that:
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5 When an airline has been designated and authorized in accordance with this Article,
it may operate in whole or in part the agreed services for which it is designated,
provided that the airline complies with the applicable provisions of this Agreement.
Article 4. Revocation and Suspension of Operating Authorization
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1 The aeronautical authorities of 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 this Agreement of the designated airline of the other Contracting Party or to
impose such conditions, temporary or permanent, as it may deem necessary on the exercise
of such rights, if:
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a) in the case of an airline designated by the Czech Republic:
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(i) the airline is not established in the territory of the Czech Republic under the European
Union Treaties or does not have a valid Operating Licence in accordance with European
Union law; or
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(ii) effective regulatory control of the airline is not exercised or not maintained by
the European Union Member State responsible for issuing its Air Operator’s Certificate
or the relevant aeronautical authority is not clearly identified in the designation;
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b) in the case of an airline designated by Curaçao:
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(i) the airline is not established in the territory of Curaçao or does not have a valid
Operating Licence in accordance with the applicable law of Curaçao; or
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(ii) effective regulatory control of the airline is not exercised or not maintained by
Curaçao or Curaçao is not responsible for issuing its Air Operator’s Certificate;
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c) an airline fails to prove before the aeronautical authorities of that Contracting
Party granting those rights an ability to fulfil the conditions under the laws and
regulations applied by these authorities in conformity with the provisions of the
Convention; or
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d) an airline otherwise fails to operate in accordance with the conditions prescribed
in this Agreement.
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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 aeronautical authorities,
such consultations between the aeronautical authorities of both Contracting Parties
shall begin within a period of sixty (60) days from the date of receipt of the request
made by any of the aeronautical authorities.
Article 5. Application of Laws, Regulations and Procedures
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1 While entering, within or leaving the territory of one Contracting Party, the laws,
regulations and procedures in force in its territory relating to the operation and
navigation of aircraft shall be complied with by the other Contracting Party’s airlines.
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2 The laws, regulations and procedures in force in the territory of one Contracting
Party relating to the admission to, stay in, transit through, or departure from its
territory of passengers, crew, baggage and cargo including mail, such as laws, regulations
and procedures relating to entry, exit, immigration, passports, customs, currency,
quarantine, health, veterinary or sanitary measures, shall apply to passengers, crew,
baggage, cargo and mail carried by the aircraft of the designated airline of the other
Contracting Party upon entry into or departure from or while within the territory
of the said Contracting Party.
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3 In the application of its customs, immigration, quarantine and similar regulations,
neither Contracting Party shall give preference to its own or any other airlines over
an airline of the other Contracting Party engaged in similar international air services.
Article 6. Aviation Security
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2 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, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and any other multilateral convention or protocol
governing aviation security binding upon both Contracting Parties.
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3 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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4 The Contracting Parties shall, in their mutual relations, act in conformity with the
aviation security provisions established by the International Civil Aviation Organization
and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties;
they shall require that operators of aircraft who have their principal place of business
or permanent residence in the territories of the Contracting Parties or, in the case
of the Czech Republic, operators of aircraft who are established in its territory
under the European Union Treaties and have valid Operating Licences in accordance
with European Union law, and the operators of airports in their territories act in
conformity with such aviation security provisions.
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5 Each Contracting Party agrees that its operators of aircraft shall be required to
observe, for entry into, departure from or while within the territory of the other
Contracting Party, aviation security provisions in conformity with the laws and regulations
in force in that Contracting Party, including, in the case of the Czech Republic,
European Union law.
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6 Each Contracting Party shall ensure that adequate measures are effectively applied
within its territory to protect the aircraft and to inspect passengers, crew, carry-on
items, baggage, cargo and aircraft stores prior to and during boarding or loading.
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8 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 rapidly and safely such incident or threat thereof.
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9 When a Contracting Party has reasonable grounds to believe that the other Contracting
Party has departed from the aviation security provisions of this Article, the aeronautical
authorities of that Contracting Party may request immediate consultations with the
aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory
agreement within thirty (30) days from the date of the receipt of such request shall
constitute grounds for application of Article 4 of this Agreement. If required by a serious emergency, either Contracting Party may
take interim action prior to the expiry of this period.
Article 7. Aviation Safety
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1 Certificates of airworthiness, certificates of competency and licences issued or rendered
valid, in accordance with the rules and procedures of one Contracting Party, including,
in the case of the Czech Republic, European Union law, and still in force, shall be
recognized as valid by the other Contracting Party for the purpose of operating the
agreed services, provided that such certificates and licences are at least equal to
or above the minimum standards which are established pursuant to the Convention.
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2 Each Contracting Party reserves the right, however, to refuse to recognize, for the
purpose of flights above its own territory, certificates of competency and licences
granted to its own nationals by the other Contracting Party or by any other State.
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4 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.
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5 Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any aircraft operated by or, under the lease agreement, on behalf
of an airline 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 condition of the aircraft
and its equipment (in this Article called “ramp inspection”), provided this does not
lead to unreasonable delay.
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6 If any such ramp inspection or series of ramp inspections gives rise to:
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a) serious concerns that an aircraft or the operation of an aircraft does not comply
with the minimum standards established at the time pursuant to the Convention; or
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b) serious concerns that there is a lack of effective maintenance and administration
of safety standards established at that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences
in respect of that aircraft or in respect of the crew of that aircraft had been issued
or rendered valid, or that the requirements under which that aircraft is operated,
are not equal to or above the minimum standards established pursuant to the Convention.
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7 In the event that access for the purpose of undertaking a ramp inspection of an aircraft
operated by, or, on behalf of an airline of one Contracting Party in accordance with
paragraph 5 of this Article is denied by the representative of that airline, the other
Contracting Party shall be free to infer that serious concerns of the type referred
to in paragraph 6 of this Article arise and draw the conclusions referred to in that
paragraph.
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8 Each Contracting Party reserves the right to suspend or vary the operating authorization
of an airline 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 an airline operation.
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10 Where the Czech Republic 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 authorization of that airline.
Article 8. Customs Provisions, Duties and Taxes
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1 Each Contracting Party shall on the basis of reciprocity exempt the designated airline
of the other Contracting Party from import restrictions, customs duties, indirect
taxes, inspection fees and other national and local duties and charges on aircraft,
fuel, lubricants, consumable technical supplies, spare parts including engines, regular
aircraft equipment, aircraft stores and food (including liquor, tobacco, beverages
and other products destined for sale to passengers in limited quantities during the
flight) and other items intended for use solely in connection with the operation or
servicing of aircraft of the designated airline of such Contracting Party operating
the agreed services, as well as printed tickets stock, air waybills, any printed material
which bears the insignia of the company printed thereon and usual publicity material
distributed free of charge by that designated airline.
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2 The exemptions granted by this Article shall apply to the items referred to in paragraph
1 of this Article:
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a) introduced into the territory of one Contracting Party by or on behalf of the designated
airline of the other Contracting Party;
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b) retained on board the aircraft of the designated airline of one Contracting Party
upon arriving in and until leaving the territory of the other Contracting Party; or
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c) taken on board the aircraft of the designated airline of one Contracting Party in
the territory of the other Contracting Party and intended for use in operating the
agreed services,
whether or not such items are used or consumed wholly or partly within the territory
of the Contracting Party granting the exemption, provided such items are not alienated
in the territory of the said Contracting Party.
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3 The regular airborne equipment, as well as the materials, supplies and stores normally
retained on board the aircraft of a designated airline 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 Contracting Party. In such case, they may be placed
under the supervision of the said authorities up to such time as they are re-exported
or otherwise disposed of in accordance with customs regulations.
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4 The exemptions provided for by this Article shall also apply in respect of consumable
technical supplies, spare parts including engines and regular airborne equipment in
situations where the designated airline of either Contracting Party has entered into
arrangements with another airline for the loan or transfer in the territory of the
other Contracting Party, provided such other airline similarly enjoys such exemptions
from such Contracting Party. Such loan and transfer shall be announced by airlines
to the respective customs authorities.
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5 Nothing in this Agreement shall prevent the Czech Republic 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 Curaçao that operates between a point
in the territory of the Czech Republic and another point in the territory of the Czech
Republic or in the territory of another European Union Member State.
Article 9. Use of Airports and Aviation Facilities
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1 The charges imposed in the territory of one Contracting Party on the designated airline
of the other Contracting Party for the use of airports, air navigation and other facilities
shall not be higher than those that would be paid by any other aircraft of the same
class engaged in similar international air services.
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2 In the use of airports, airways, air traffic services and associated facilities under
its control, neither Contracting Party shall give preference to its own or any other
airline over an airline of the other Contracting Party engaged in similar international
air services.
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3 Each Contracting Party shall encourage consultations on user charges between its competent
charging authorities and the airlines using the services and facilities provided by
those charging authorities, where practicable through those airlines’ representative
organizations. Reasonable notice of any proposals for changes in such charges should
be given to such airlines to enable them to express their views before changes are
made. Each Contracting Party shall further encourage its competent charging authorities
and such airlines to exchange appropriate information concerning such charges.
Article 10. Direct Transit
Passengers, baggage and cargo in direct transit through the territory of a Contracting
Party, not leaving the area of the airport reserved for such purpose shall be subject,
except in respect of security provisions referred to in Article 6 of this Agreement and prevention of trafficking of narcotic drugs and psychotropic
substances, as well as prevention of illegal entry, to no more than a simplified control.
Baggage and cargo in direct transit shall be exempt from customs duties and other
charges.
Article 11. Sale of Services and Transfer of Funds
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1 Upon filing with the aeronautical authorities of the first Contracting Party and subject
to appropriate commercial registration in accordance with the respective laws and
regulations in force in the territory of this first Contracting Party, the designated
airline of the other Contracting Party shall have the right to sell freely its air
services in the territory of the first Contracting Party either directly or at its
discretion through its agents, and any person shall be free to purchase such services
in the local currency or in any freely convertible currency normally purchased by
banks in that territory.
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2 The designated airlines of the Contracting Parties shall have the right to convert
and to remit to their home territory the excess of receipts over local expenditures
earned in the territory of the other Contracting Party in a freely convertible currency.
Conversion and remittance shall be performed without restrictions at the foreign exchange
market rate applicable for these transactions on the day the transfer is made. In
the case that the foreign exchange market rate system is not established, the conversion
and remittance shall be performed without restrictions on the basis of the official
exchange rate applicable on the date the transfer is made. Actual transfer shall be
executed without delay and shall not be subject to any charges except normal service
charges collected by banks for such transactions.
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1 The tariffs for the agreed services shall be established by the designated airlines
of both Contracting Parties at reasonable levels, due regard being paid to all relevant
factors, including interests of users, cost of operation, characteristics of service,
reasonable profit and other commercial considerations in the market place.
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2 The tariffs established under paragraph 1 of this Article shall not be required to
be filed by the designated airline of one Contracting Party with the aeronautical
authorities of the other Contracting Party. Notwithstanding the foregoing, each Contracting
Party shall have the right to intervene so as to:
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a) prevent unreasonably discriminatory tariffs or practices;
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b) protect consumers from tariffs that are unreasonably high or restrictive due to the
abuse of a dominant position; and
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c) protect airlines from tariffs that are artificially low due to direct or indirect
subsidy or support, or where evidence exists as to an intent to eliminate competition.
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3 The designated airline of one Contracting Party shall provide, on request, to the
aeronautical authorities of the other Contracting Party information relating to the
establishment of the tariffs, in a manner and format prescribed by such authorities.
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3 Each Contracting Party shall allow each designated airline to determine the frequency
and capacity of the international air services it offers under this Agreement based
upon commercial considerations in the marketplace. Consistent with this right, neither
Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity
of service, or the aircraft type or types operated by the designated airlines of the
other Contracting Party, except as may be required for customs, technical operational
or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
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4 Neither Contracting Party shall impose on the other Contracting Party’s designated
airlines a first refusal requirement, uplift ratio, no-objection fee or any other
requirement with respect to the capacity, frequency or traffic that would be inconsistent
with the purposes of this Agreement.
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1 An airline designated by one Contracting Party shall file to the aeronautical authorities
of the other Contracting Party for approval at least thirty (30) days in advance the
timetable of its intended services, specifying the frequency, type of aircraft, times,
configuration and number of seats to be made available to the public and period of
timetable validity. The same procedure shall apply to any modification thereof.
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2 If the designated airline wishes to operate supplementary flights besides those covered
in the timetables, it shall request permission from the aeronautical authorities of
the other Contracting Party. Such request shall usually be submitted at least two
(2) working days before operating such flights.
Article 16. Intermodal Services
The designated airline of each Contracting Party shall have the right to employ, in
connection with air transport of passengers and cargo, any surface transport to or
from any point in the territories of the Contracting Parties or third countries. The
designated airline may elect to perform its own surface transport or to provide it
through arrangements, including code-sharing, with other surface carriers, subject
to the laws and regulations in force in the territory of the Contracting Party concerned.
The intermodal services may be offered as a through service and at a single through
price for the air and surface transport combined, provided that passengers and shippers
are informed as to the facts concerning such transport.
Article 17. Airline Representation
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1 The designated airline of one Contracting Party shall be entitled, in accordance with
the laws and regulations in force in the territory of the other Contracting Party
relating to entry, residence and employment, and on the basis of reciprocity, to bring
into and to maintain in the territory of the other Contracting Party its representatives
and commercial, technical and other specialist staff reasonably required for the operation
of the agreed services.
Article 18. Ground Handling
Subject to the laws and regulations in force in the territory of the respective Contracting
Parties including, in the case of the Czech Republic, 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 19. Provision of Information
The aeronautical authorities of each Contracting Party shall provide the aeronautical
authorities of the other Contracting Party, upon request, periodic statements of statistics
or other similar information related to traffic carried by the designated airline
on the routes specified in the Annex to this Agreement as may be reasonably required for the purpose of reviewing the
operation of the agreed services.
Article 20. Consultations
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1 The aeronautical authorities of the Contracting Parties shall have communication,
which may be through discussion or by correspondence, to ensure close co-operation
in all matters affecting the implementation of this Agreement.
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1 If either of the Contracting Parties considers it desirable to amend any provision
of this Agreement, such amendment shall be agreed upon by the Contracting Parties
and shall be confirmed in writing through diplomatic channels. Such amendment shall
enter into force in accordance with the provisions of Article 26 of this Agreement.
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2 In the event a general multilateral convention related to international air transport
and affecting the relations between the two Contracting Parties enters into force,
this Agreement shall be amended to conform to the provisions of such multilateral
convention in so far as those provisions have been accepted by both Contracting Parties.
Article 22. Settlement of Disputes
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3 If the Contracting Parties fail to reach a settlement of the dispute by negotiations,
the dispute may be referred by them to such person or body as they may agree on, for
an advisory opinion or a binding decision as the Contracting Parties may agree, or,
at the request of either Contracting Party, shall be submitted for decision to a tribunal
of three arbitrators.
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4 Such arbitral tribunal shall be constituted as follows: each Contracting Party shall
appoint one member, and these two members shall agree upon and appoint a national
of a third State as their chairman. Such members shall be appointed within sixty (60)
days, and such chairman within ninety (90) days from the date of receipt of a diplomatic
note by which either Contracting Party has informed the other Contracting Party of
its intention to submit the dispute to an arbitral tribunal.
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5 If the periods specified in paragraph 4 of this Article have not been observed, either
Contracting Party may, in the absence of any other relevant arrangement, invite the
President of the Council of the International Civil Aviation Organization to make
the necessary appointments. If the President is a national of either Contracting Party
or if he is otherwise prevented from discharging this function, the Vice-president
deputizing for him should make the necessary appointments.
This Agreement and any subsequent amendments thereto shall be registered with the
International Civil Aviation Organization.
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
Organization. In such case this Agreement shall terminate twelve (12) months after
the date of receipt of the notice to the other Contracting Party, unless the notice
to terminate is withdrawn with a consent of the other Contracting Party before the
expiry of this period. In the absence of acknowledgement of receipt to the other Contracting
Party, the notice shall be deemed to have been delivered fourteen (14) days after
the receipt of the notice to the International Civil Aviation Organization.
Article 25. Applicability of the Agreement
As regards the Kingdom of the Netherlands, this Agreement shall apply to Curaçao only.
Article 26. Entry into force
This Agreement shall enter into force on the first day of the third month following
the date on which the Contracting Parties have informed each other in writing by diplomatic
notes that constitutional requirements in their respective countries for the entry
into force of this Agreement have been complied with.
