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:
For the purpose of this Agreement and its Annex, 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 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;
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b) The term “aeronautical authorities” means:
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– 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
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– 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;
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c) the term “designated airline” means an airline which has been designated and authorized
in accordance with Article 4 of this Agreement;
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d) the term “territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
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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;
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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;
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g) the term “stores” means articles of a readily consumable nature for use or sale on
board an aircraft during flight, including commissary supplies;
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h) the term “Agreement” means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
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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:
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I. the conditions governing the availability and applicability of a price, and
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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
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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.
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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.
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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
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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.
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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.
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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.
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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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
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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.