Art. 3 Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Tsjechische Republiek — Designation and Operating Authorization

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. 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. 3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfil the conditions prescribed under the laws and regulations applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention. 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: in the case of an airline designated by the Czech Republic: the airline is established in the territory of the Czech Republic under the European Union Treaties and has a valid Operating Licence in accordance with European Union law; and 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; in the case of an airline designated by Curaçao: the airline is established in the territory of Curaçao and has a valid Operating Licence in accordance with the applicable law of Curaçao; and effective regulatory control of the airline is exercised and maintained by Curaçao and Curaçao is responsible for issuing its Air Operator’s Certificate. 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.

Rechtspraak bij dit artikel