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Article 4 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek

1 Each Party shall have the right to refuse, revoke, suspend or limit the operating authorizations or technical permissions of an Airline designated by the other Party of the rights specified in Article 2 of this Agreement, or to submit the exercise of those rights to the conditions considered necessary, where:

a) in the case of an Airline designated by the Portuguese Republic:

(i) the Airline is not established in the Territory of the Portuguese Republic under the EU Treaties or does not have a valid Operating Licence in accordance with the law of the European Union; or

(ii) effective regulatory control of the Designated Airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator’s Certificate or the relevant Aeronautical Authority is not clearly identified in the designation; or

(iii) the Airline is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;

b) in the case of an Airline designated by Curaçao:

(i) the Airline is not established in the Territory of Curaçao or does not have a valid Operating Licence in accordance with the applicable law; or

(ii) effective regulatory control of the Designated Airline is not exercised or not maintained by Curaçao or Curaçao is not responsible for issuing its Air Operator’s Certificate or the relevant Aeronautical Authority is not clearly identified in the designation; or

(iii) the Airline is not owned, directly or through majority ownership, or it is not effectively controlled by Curaçao and/or by its nationals;

c) in the case the Designated Airline fails to meet the conditions prescribed under the legislation normally applied to the operation of International Air Services by the Party considering the application or applications; or

d) in the case of failure by such Designated Airline to comply with the legislation of the Party granting the authorization or permission; or

e) in the case the Designated Airline fails to operate the Agreed Services in accordance with the conditions prescribed under this Agreement and the Annex attached hereto.

2 Unless immediate refusal, revocation, suspension, limitation or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of the legislation, the right to refuse, revoke, suspend, limit or impose conditions shall be exercised only after consultation with the other Party. The consultations shall take place within a period of thirty (30) days from the date of receipt of the request unless otherwise agreed.

Regeling
Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek
Soort
Verdrag
Geldend vanaf
25-06-2019
BWB-id
BWBV0006829
Versie
2019-06-25_0

In de hele regeling · Officiële tekst op wetten.overheid.nl