Art. 3 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Democratische Socialistische Republiek Sri Lanka

1. Either Contracting Party shall have the right to designate, by written notification through diplomatic channels to the other Contracting Party, one or more Airline(s) for the purpose of operating the Agreed Services on the Specified Routes and to withdraw the designation of any Airline or to substitute another Airline for one previously designated or alter such designation. 2. Upon receipt of such a notification, and of application from the Designated Airline, in the form and manner prescribed for operating authorization, each Contracting Party shall, as soon as possible, 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: in the case an Airline is designated by the Netherlands: the Airline is established in the Territory of the Kingdom of the Netherlands under the European Union Treaties and has a valid Operating License 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; and the Airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States, in the case an Airline is designated by the Democratic Socialist Republic of Sri Lanka: the Airline is incorporated and has its principal place of business in the Territory of the Democratic Socialist Republic of Sri Lanka; and the Democratic Socialist Republic of Sri Lanka has and maintains effective regulatory control of the Airline; and the Airline holds a current Air Operator’s certificate issued by the Aeronautical Authority of the Democratic Socialist Republic of Sri Lanka; and that: the Contracting Party designating the Airline is maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement; and the Designated Airline(s) is/are qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Services by the Contracting Party considering the application or applications. 3. Upon receipt of the operating authorization in accordance with paragraph 2 of this Article, the Designated Airline(s) may at any time begin to operate the Agreed Services for which it is so designated, in part or in whole, provided that it complies with the provisions of this Agreement. 4. 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 fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operations of International Air Services.

Designation and Authorization

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