The Government of the Kingdom of the Netherlands and
the Government of the Republic of Korea,
hereinafter described as the Contracting Parties,
Being parties to the Convention on International Civil Aviation and the International
Air Services Transit Agreement both opened for signature at Chicago on the seventh
day of December, 1944, and
Desiring to conclude an Agreement for the purpose of establishing and operating air
services between and beyond their respective territories,
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(3) Nothing in paragraph (2) of this Article shall be deemed to confer on an airline of
one Contracting Party the privilege of taking up, in the territory of the other Contracting
Party, passengers, cargo or mail carried for remuneration or hire and destined for
another point in the territory of that other Contracting Party.
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1 Each Contracting Party shall have the right, by written notification through diplomatic
channels to the other Contracting Party, to designate one or more airlines to operate
international air services on the routes specified in the Annex and to substitute another airline for an airline previously designated.
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2 On receipt of such a notification, and of an application from the designated airline,
in the form and manner prescribed for operating authorizations, each Contracting Party
shall, without delay, grant to the airline(s) so designated by the other Contracting
Party the appropriate operating authorizations subject to the provisions of this Article,
provided that:
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a) in the case of the airline(s) designated by the Kingdom of the Netherlands:
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(i) it is established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid operating license issued by a European Union Member State in accordance
with European Union law, and
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(ii) effective regulatory control of the airline is exercised and maintained by the European
Union Member State responsible for issuing its air operator’s certificate and the
relevant aeronautical authority is clearly identified in the designation, and
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(iii) the airline has its principal place of business in the territory of the European Union
Member State from which it has received its valid operating license, and
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(iv) the airline is owned, directly or through majority ownership, and is effectively controlled
by Member States of the European Union and/or the European Free Trade Association
and/or by nationals of such States; and
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b) in the case of the airline(s) designated by the Republic of Korea:
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(i) it is established in the territory of the Republic of Korea and has a valid operating
license issued by the Republic of Korea in accordance with the applicable laws and
regulations of the Republic of Korea, and
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(ii) effective regulatory control of the airline is exercised and maintained by the Republic
of Korea and the relevant aeronautical authority is clearly identified in the designation,
and
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(iii) the airline is owned, directly or through majority ownership, and is effectively controlled
by the Republic of Korea and/or by nationals of the Republic of Korea; and
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c) the Contracting Party designating the airline(s) is maintaining and administering
the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; and
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d) the designated airline is qualified to meet the conditions prescribed under the laws
and regulations normally applied to the operation of international air services by
the Contracting Party considering the application or applications.
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3 Upon receipt of the operating authorizations referred to in paragraph 2 of this Article,
the designated airline(s) may begin to operate the agreed services, provided that
it complies with the provisions of this Agreement.
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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 consultation shall begin within a period of thirty (30)
days from the date of receipt of the request.
Aircraft operated on the agreed services by a designated airlines of either Contracting
Party, as well as fuel, lubricating oils, spare parts, regular aircraft equipment
and aircraft stores introduced into the territory of one Contracting Party, or taken
on board aircraft in that territory, by or on behalf of the other Contracting Party
or its designated airlines and intended solely for use by or in the aircraft of those
airlines shall be accorded the following treatment by the first Contracting Party
in respect of customs duties, inspection fees and other similar national or local
duties and charges:
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(a) in the case of fuel, lubricating oils, spare parts, regular aircraft equipment and
aircraft stores remaining on board aircraft at the last airport of call before departure
from the said territory, exemption; and
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(b) in the case of fuel, lubricating oils, spare parts, regular aircraft equipment and
aircraft stores not included under (a), treatment not less favourable than that accorded
to similar supplies introduced into the said territory and intended for use by or
in the aircraft of a national airlines of the first Contracting Party, or of the most
favoured foreign airlines, engaged in international air services. This treatment shall
be in addition to and without prejudice to that which each Contracting Party is under
obligation to accord under Article 24 of the Convention.
A designated airline of either Contracting Party is authorized to maintain in the
territory of the other Contracting Party its own technical and administrative personnel
for the purpose of operating the agreed services, without prejudice to the national
regulations of the respective Contracting Parties.
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(1) Either Contracting Party grants to a designated airline of the other Contracting Party
the free transfer, in United States dollars or, if both parties agree, in any other
authorized currency at the rate of exchange in the official market at the time of
the remittance, the excess over expenditures of receipts earned in the territory of
the first Contracting Party in connection with the operation of the agreed services
by such designated airline. The procedure for such remittance, however, shall be in
accordance with the foreign exchange regulations of the Contracting Party in the territory
of which the revenue accrued.
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(1) The laws and regulations of one 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 while within its territory, shall
be applied to the aircraft of an airline designated by the other Contracting Party,
and shall be complied with by such aircraft upon entering or departing from or while
within the territory of the first Party.
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(2) The laws and regulations of one Contracting Party as to the entrance into, stay within
or departure from its territory of passengers, crew, or cargo of aircraft, such as
regulations relating to entry, clearance, immigration, passports, customs, and quarantine
shall be complied with upon entrance into or departure, or while within the territory
of the first Party.
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(3) The services provided by a designated airline on the specified routes shall retain,
as their primary objective, the provision of capacity adequate to the traffic demands
between the country of which such airline is a national and the country of ultimate
destination of the traffic. The right of a designated airline of either Contracting
Party to embark and to disembark, at points in the territory of the other Contracting
Party, international traffic destined for or coming from third countries on the specified
air routes shall be applied in accordance with the general principles of orderly development
to which both Contracting Parties subscribe and shall be subject to the general principles
that capacity shall be related to:
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(a) the traffic requirements between the territory of the Contracting Party which has
designated an airline and the destinations of the traffic on the specified air routes;
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(b) the requirements of through airline operations;
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(c) the air transport needs of the area through which the airline passes after taking
into account local and regional services; and
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(d) the adequacy of other air transport services established by the airline of either
Contracting Party and of other States concerned between their respective territories.
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(1) The tariffs to be charged by the airline of one Contracting Party for the carriage
to or from the territory of the other Contracting Party shall be established at reasonable
levels, due regard being paid to all relevant factors including cost of operation,
reasonable profit, characteristics of service (such as standards of speed and accommodation)
and the tariffs of other airlines as applied on the specified routes or sections thereof.
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(2) The tariffs referred to in paragraph (1) of this Article, together with the rates
of agency commission used in conjunction therewith, shall, if possible, be agreed
by the designated airlines concerned of both Contracting Parties, in consultation,
where it is deemed suitable, with other airlines operating over the whole or part
of the route, and such agreement shall, where possible, be reached through the ratefixing
machinery of the International Air Transport Association.
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(3) The tariffs so agreed shall be submitted for the approval of the aeronautical authorities
of the Contracting Parties at least ninety (90) days before the proposed date of their
introduction; in special cases, this time limit may be reduced, subject to the agreement
of the said authorities.
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(4) If the designated airlines concerned cannot agree on any of these tariffs, or if for
some other reason a tariff cannot be fixed in accordance with paragraph (2) of this
Article, or if during the first thirty (30) days of the ninety (90) days' period referred
to in paragraph (3) of this Article one Contracting Party gives the other Contracting
Party notice of its dissatisfaction with any tariff agreed in accordance with the
provisions of paragraph (2) of this Article, the aeronautical authorities of the Contracting
Parties shall endeavour to determine the tariff by agreement between themselves.
In order to promote close collaboration in all matters affecting the performance of
this Agreement and to promote every possible mutual cooperation and assistance between
the designated airlines of both Parties for the fair and balanced operation of the
agreed air services the aeronautical authorities of the Contracting Parties shall
consult on request of either of the authorities.
Certificates of airworthiness, certificates of competency and licenses issued or rendered
valid by one Contracting Party, and still in force, shall be recognized as valid by
the other Contracting Party for the purpose of operating the routes and services provided
for in this Agreement, provided that the requirements under which such certificates
or licenses were issued or rendered valid are equal to or above the minimum standards
which may be established pursuant to the Convention on international Civil Aviation.
Each Contracting Party reserves the right, however, to refuse to recognize, for the
purpose of flight above its own territory, certificates of competency and licenses
granted to its own nationals by another State.
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1 Each Contracting Party may request consultations at any time concerning the safety
standards maintained by the other Contracting Party in any area relating to aeronautical
facilities, flight crew, aircraft or the operation of aircraft. Such consultations
shall take place within thirty (30) days of that request.
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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 of the
areas referred to in paragraph 1 of this Article that meet the 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 standards, and the other Contracting Party shall take appropriate
corrective action within fifteen (15) days or such longer period as may be agreed.
Failure by the other Contracting Party to take appropriate action within the agreed
period shall be grounds for the application of Article 3bis of this Agreement.
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3 Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or, where approved, on behalf
of an airline of one Contracting Party, on service to or from the territory of the
other Contracting Party, may, while within the territory of the other Contracting
Party, be the subject of a search on board and around the aircraft by the authorized
representatives of the other Contracting Party 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 cause
unreasonable delay in the operation of the aircraft.
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4 If 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 that time pursuant to the Convention, or
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b) serious concerns that there is a lack of effective maintenance and administration
of the safety standards established at that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Convention, be free to conclude that the requirements under which the certificates or licenses
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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5 In the event that access for the purpose of undertaking a ramp inspection of an aircraft
operated by a designated airline of one Contracting Party in accordance with paragraph
3 of this Article is denied by a representative of that airline, the other Contracting
Party shall be free to infer that serious concerns of the type referred to in paragraph
4 of this Article 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 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 inspections, consultations
or otherwise, that immediate action is essential to ensure the safety of an airline
operation.
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8 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 Republic of Korea under this Article shall apply equally in respect of the adoption,
exercise and maintenance of safety standards by that other European Union Member State
and in respect of the operating authorization of that airline.
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1 Consistent with their rights and obligations under international law, the Contracting
Parties reaffirm that their obligation 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, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, done at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for Purpose of Detection, done at Montreal on 1 March 1991, and any other aviation security agreement that
becomes binding on both Contracting Parties.
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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.
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3 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.
The Contracting Parties shall require that their airlines and the operators of airports
in their territory act in conformity with such aviation security provisions.
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4 Each Contracting Party agrees that its airlines may be required to observe the aviation
security provisions referred to in paragraph 3 of this Article required by the other
Contracting Party for the entry into, departure from, or while within the territory
of that other Contracting Party. For the entry into, departure from, or while within
the territory of the Republic of Korea, airlines shall be required to observe aviation
security provisions in conformity with the laws and regulations of the Republic of
Korea. For the entry into, departure from, or while within the territory of the Kingdom
of Netherlands, airlines shall be required to observe aviation security provisions
in accordance with European Union law.
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5 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, in-flight catering and aircraft stores prior to and during
boarding or loading. Each Contracting Party shall also give sympathetic consideration
to any request from the other Contracting Party for reasonable special security measures
to meet a particular threat.
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6 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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7 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 the first Contracting Party may request immediate consultations with
the aeronautical authorities of the other Contracting Party.
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8 Failure to reach a satisfactory agreement within fifteen (15) days from the start
of such consultations shall constitute grounds for withholding, revoking, suspending,
limiting or imposing conditions on the operating authorization of an airline or airlines
designated by the other Contracting Party. When justified by an emergency, or to prevent
further non-compliance with the provisions of this Article, the first Contracting
Party may take interim action at any time.
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(1) If any dispute arises between the Contracting Parties relating to the interpretation
or application of the present Agreement, the Contracting Parties shall in the first
place endeavour to settle it by negotiation between themselves. This negotiation shall
begin within sixty (60) days after receipt of the request by one Party from the other.
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(2) If the Contracting Parties fail to reach a settlement by negotiation, the dispute
shall 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 its arbitrator within two (2)
months from the date of delivery by either Party to the other Party of a diplomatic
note requesting arbitration of the dispute and the third arbitrator shall be agreed
upon within one (1 ) month after such period of two (2) months. If either Contracting
Party fails to designate its arbitrator within the period specified, or if the third
arbitrator is not agreed, 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.
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(1) If either of the Contracting Parties considers it desirable to amend the terms of
the present Agreement, it may request consultation with the other Contracting Party.
Such consultation shall begin within a period of sixty (60) days from the date of
the request. Any amendment so agreed shall come into effect after confirmation thereof
by an exchange of diplomatic notes.
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 communicated
simultaneously to the International Civil Aviation Organization. If such notice is
given, the present 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 between the Contracting Parties before the expiration of
that period. In the absence of acknowledgment 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.
If a general multilateral convention concerning air transport comes into force in
respect of both Contracting Parties, the present Agreement shall be amended so as
to conform with the provisions of such convention.
The present Agreement and any amendment thereto in accordance with Article 13 hereof
shall be registered with the International Civil Aviation Organization.