Agreement between the Government of the Kingdom of the Netherlands and the Government
of Ceylon for air services between and beyond their respective territories
[Regeling vervallen per 01-01-2024]
The Government of the Kingdom of the Netherlands and the Government of Ceylon,
Being parties to the Convention on International Civil Aviation opened for signature
at Chicago on the 7th day of December, 1944, and
Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose
of establishing air services between and beyond Netherlands and Ceylonese territories,
Article 1
[Regeling vervallen per 01-01-2024]
For the purpose of the present Agreement, 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 7th day of December, 1944, and includes any Annex
adopted under Article 90 of that Convention and any amendment of the Annexes or Convention
under Articles 90 or 94 thereof;
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(b) the term “aeronautical authorities” means, in the case of the Netherlands, the Director
General of Civil Aviation and any person or body authorised to perform any functions
presently exercised by the said Director General or similar functions, and, in the
case of Ceylon, the Director of Civil Aviation and any person or body authorised to
perform any functions presently exercised by the said Director of Civil Aviation or
similar functions;
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(c) the term “designated airline” means an airline which the aeronautical authorities
of either Contracting Party shall have notified in writing to the aeronautical authorities
of the other Contracting Party as an airline designated by it in accordance with Article
2 of the present Agreement to operate air services on the routes specified in such
notification;
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(d) the term “territory” in relation to a Contracting Party means the land areas and territorial
waters adjacent thereto under the sovereignty, suzerainty, protection or trusteeship
of that Contracting Party;
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(e) the term “change of gauge” means the operation of one of the agreed services by a
designated airline in such a way that the section of the route nearer the terminal
in the territory of the Contracting Party designating the airline is flown by aircraft
different in capacity from those used on the more distant section; and
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(f) the terms “air service”, “international air service”, “airline” and “stop for non-traffic
purposes” have the meanings respectively assigned to them in Article 96 of the Convention.
Article 2
[Regeling vervallen per 01-01-2024]
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(1) Each Contracting Party shall have the right to designate in writing to the other Contracting
Party one or more airlines for the purpose of operating by virtue of the present Agreement
air services on the routes specified in the appropriate section of the Schedule to
the present Agreement (hereinafter respectively referred to as the agreed services
and the specified routes). On receipt of the designation of an airline, that other
Contracting Party shall, subject to the provisions of paragraph (2) of this Article
and of Article 3 of the present Agreement, without delay grant to that airline the
appropriate operating authorisation.
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(2) Before granting the authorisation referred to in paragraph (1) of this Article, the
aeronautical authorities of one Contracting Party may require an airline designated
by the other Contracting Party to satisfy them that it is qualified to fulfil the
conditions prescribed under the laws and regulations which they normally apply in
conformity with the provisions of the Convention to the operation of commercial airlines.
Article 3
[Regeling vervallen per 01-01-2024]
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(2) Each Contracting Party shall have the right, after consultation with the other Contracting
Party, to suspend the exercise by an airline of the rights specified in the present
Agreement or to impose such conditions as it may deem necessary on the exercise by
an airline of those rights in any case where the airline fails to comply with the
laws or regulations of the Contracting Party granting those rights or otherwise fails
to operate in accordance with the conditions prescribed in the present Agreement.
Article 4
[Regeling vervallen per 01-01-2024]
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(1) Subject to the provisions of the present Agreement, a designated airline of one Contracting
Party shall enjoy, while operating the agreed services on a specified route, the rights
(a) to fly its aircraft across the territory of the other Contracting Party, (b) to make stops in the said territory for non-traffic purposes, and (c) to make stops in the said territory at the points specified for that route in the
Schedule to the present Agreement for the purpose of putting down and taking on international
traffic in passengers, cargo and mail coming from or destined for other points so
specified.
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(2) Paragraph (1) of this Article shall not be deemed to confer on the airlines of one
Contracting Party the right to take 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.
Article 5
[Regeling vervallen per 01-01-2024]
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(3) The agreed services provided by the designated airlines of the Contracting Parties
shall bear a close relationship to the requirements of the public for transportation
on the specified routes and shall have as their primary objective the provision, at
a reasonable load factor, of capacity required for the carriage of passengers, cargo
and mail destined for or coming from the territory of the Contracting Party designating
the airline. A designated airline of one Contracting Party may provide for the carriage
of traffic between the territory of the other Contracting Party and third countries
on condition that capacity is related to:
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(a) the requirements of traffic destined for or coming from the territory of the former
Contracting Party;
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(b) the traffic requirements of the area through which the airline passes, after account
has been taken of other air services provided by airlines of the States comprising
the area; and
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(c) the requirements of through airline operation.
Article 6
[Regeling vervallen per 01-01-2024]
A designated airline of one Contracting Party may make a change of gauge at a point
in the territory of the other Contracting Party only on the following conditions:
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(i) that it is justified by reason of economy of operation;
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(ii) that the aircraft used on the section more distant from the terminal in the territory
of the former Contracting Party are smaller in capacity than those used on the nearer
section;
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(iii) that the aircraft of smaller capacity shall operate only in connection with the aircraft
of larger capacity and shall arrive at the point of change for the purpose of carrying
traffic transferred from, or to be transferred into, the aircraft of larger capacity;
and their capacity shall be determined with primary reference to this purpose;
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(iv) that there is an adequate volume of through traffic; and
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(v) that the provisions of Article 5 of the present Agreement shall govern all arrangements
made with regard to change of gauge.
Article 7
[Regeling vervallen per 01-01-2024]
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(1) Each designated airline shall submit for approval to the aeronautical authorities
of the Contracting Parties the tariffs that it proposes to charge, in respect of the
agreed services, for the carriage of international traffic to or from the territory
of either Contracting Party. Such tariffs shall where possible be agreed with the
other designated airlines concerned and with any other airlines operating over the
whole or part of the route in question, consultation being effected through the rate-fixing
machinery of the International Air Transport Association.
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(3) If the said authorities should fail to agree on any tariff, the Contracting Parties
themselves shall endeavour to resolve the dispute. If the Contracting Parties should
fail to agree, the matter shall be referred for decision as provided in Article 11
of the present Agreement.
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(4) If the aeronautical authorities of either Contracting Party inform the aeronautical
authorities of the other Contracting Party in writing that they formally disapprove
any tariff submitted to them in accordance with paragraph (1) of this Article, that
tariff shall not go into effect until it has been approved by the auronautical authorities
of both Contracting Parties or by the Contracting Parties themselves, as the case
may be.
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(6) The tariffs referred to in paragraph (1) of this Article shall be fixed at reasonable
levels, due regard being paid to all relevant factors, including economical operation,
reasonable profit, difference of characteristics of service (including standards of
speed and accommodation) and the tariffs charged by other airlines on any part of
the route.
Article 8
[Regeling vervallen per 01-01-2024]
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(1) To the extent to which they are applicable to the air services established under the
present Agreement, Articles 9, 11, 13, 15, 24, 31, 32 and 33 of the Convention shall
remain in force in their present form between the Contracting Parties for the duration
of the Agreement, as if they were an integral part of the Agreement, unless both Contracting
Parties ratify any amendment to these Articles which shall have come into force in
accordance with Article 94 of the Convention, in which case the Article as amended
shall remain in force for the duration of the present agreement.
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(2) 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
airline or 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 and lubricating oils 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 and lubricating oils not included under (a) and spare parts, regular aircraft equipment and aircraft stores, treatment not less
favourable than that accorded to similar supplies introduced into the said territory,
or taken on board aircraft in that territory, and intended for use by or in the aircraft
of a national airline of first Contracting Party, or of the most favoured foreign
airline, 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.
Article 9
[Regeling vervallen per 01-01-2024]
If either of the Contracting Parties wishes to discuss with the other Contracting
Party any matter relating to the present Agreement, it may request consultation between
the aeronautical authorities of the two Contracting Parties, and such consultation
shall begin within sixty days of the date of receipt by the other Contracting Party
of the request. If such consultation results in agreement between the said authorities
on any modification to the terms of the present Agreement, such modification shall
come into effect when it has been confirmed by an exchange of Notes through the diplomatic
channel stating, moreover, that the formalities required by the National Legislation
of each Contracting Party have been accomplished.
Article 10
[Regeling vervallen per 01-01-2024]
If a general multilateral convention on traffic rights for scheduled international
air services 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.
Article 11
[Regeling vervallen per 01-01-2024]
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(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 which it has granted
by virtue of the present Agreement to the Contracting Party in default or to the designated
airline or airlines of the Contracting Party in default or to the designated airline
in default.
Article 12
[Regeling vervallen per 01-01-2024]
The present Agreement shall be registered with the Council of the International Civil
Aviation Organisation.
Article 13
[Regeling vervallen per 01-01-2024]
The present Agreement shall terminate one year after the date of receipt by one Contracting
Party from the other Contracting Party of notice to terminate, unless the notice is
withdrawn by agreement before the expiry of this period. Such notice shall be simultaneously
communicated to the Council of the International Civil Aviation Organisation. In the
absence of acknowledgment of receipt, notice shall be deemed to have been received
fourteen days after receipt of the notice by the Council of the International Civil
Aviation Organisation.
Article 14
[Regeling vervallen per 01-01-2024]
The present Agreement shall be provisionally applicable from the date of its signature
and shall come into force on a date to be laid down in an exchange of notes stating
that the formalities required by the national legislation of each Contracting Party
have been accomplished.