Art. 4 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Trinidad en Tobago — Withholding, Revocation, Suspension and Limitation of Operating Authorisation or Technical Permission

1. Each Contracting Party shall have the right to withhold, revoke, suspend, limit or impose conditions on the operating authorisation or technical permission of a designated airline of the other Contracting Party, in the case of an airline designated by either Contracting Party: where it is not satisfied that the provisions of Article 3 (Designation and Authorisation) of this Agreement are being met; or in the case of failure by that airline to comply with the laws or regulations in force in the territory of the Contracting Party granting these rights; or in case the designated airline otherwise fails to operate the agreed services in accordance with the conditions prescribed under this Agreement; or the airline is unable to satisfy the aeronautical authorities of the Contracting Party receiving the designation that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such aeronautical authorities in conformity with the Convention; or the Contracting Party designating the airline is not in compliance with Article 8 (Aviation Safety) or Article 9 (Aviation Security) of this Agreement; or the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or in the case of an airline of a Caribbean Community Member State designated by Trinidad and Tobago: the airline is already authorised to operate under a bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and another Caribbean Community Member State other than Trinidad and Tobago, and it can be demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in that other Caribbean Community Member State, including the operation of a service which is marketed as, or otherwise constitutes, a through service, the airline would in effect be circumventing restrictions on the traffic rights imposed by the bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and that other Caribbean Community Member State; or the airline designated holds an Air Operators’ Certificate issued by a Caribbean Community Member State other than Trinidad and Tobago and there is no bilateral air services agreement between the Kingdom of the Netherlands, in respect of Curaçao, and that Caribbean Community Member State and it can be demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the airlines designated the Kingdom of the Netherlands, in respect of Curaçao; or is not satisfied that effective regulatory control is exercised by the Caribbean Community Member State. 2. Unless immediate withholding, revocation, suspension, limitation or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringement of laws or regulations, such right shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party designating the airline, in accordance with Article 23 (Consultations) of this Agreement. 3. Each Contracting Party shall notify the other Contracting Party in writing with reasons for its refusal, revocation, suspension or limitation as soon as possible. In exercising its rights under this paragraph, the Kingdom of the Netherlands, in respect of Curaçao, shall not discriminate between Caribbean Community Member State air carriers on the grounds of nationality. 4. This Article does not limit the right of each Contracting Party to withhold, revoke, suspend, limit or impose conditions on the operating authorisation or technical permission of a designated airline of the other Contracting Party, in accordance with the provisions of Article 8 (Aviation Safety) or Article 9 (Aviation Security) of this Agreement.

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