- 1
- Either Party shall have the right, by written notification through diplomatic channels to the other Party, to designate one or more Airlines to operate International Air Services on the routes specified in the Annex and to substitute another Airline for an Airline previously designated.
- 2
- Upon receipt of such a notification, each Party shall, without delay, grant to the Airline(s) so designated by the other Party the appropriate operating authorizations subject to the provisions of this Article, unless it is not satisfied that:
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- a)in the case of an Airline in the European part of the Netherlands designated by the Kingdom of the Netherlands:
- (i)the Airline is established in the Territory of the Kingdom of the Netherlands under the European Union Treaties and has a valid operating licence in accordance with European Union law; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the EU Member State responsible for issuing its Air Operator’s Certificate and the relevant Aeronautical Authority is clearly identified in the designation; and
- (iii)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;
- b)in the case of an Airline in the Caribbean part of the Netherlands designated by the Kingdom of the Netherlands:
- (i)the Airline is established in the Caribbean part of the Netherlands and has a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the Netherlands; and
- (iii)the Airline is owned, directly or through majority ownership, and is effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
- c)in the case of an Airline designated by the Argentine Republic:
- (i)the Airline is established in the Territory of the Argentine Republic and has a valid Operating Licence in accordance with applicable law of the Argentine Republic; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the Argentine Republic; and
- (iii)the Airline is owned, directly or through majority ownership, and it is effectively controlled by the Argentine Republic and/or by nationals of the Argentine Republic;
- d)the standards set forth in Article 14 (Safety) and Article 15 (Aviation Security) of this Agreement are being maintained and administered;
- e)the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Services by the Party considering the application or applications.
- 3
- Upon receipt of the operating authorization of paragraph 2 of this Article, the Designated Airline(s) may at any time begin to operate the Agreed Services, in part or in whole, provided that it complies with the provisions of this Agreement.
- 4
- The Aeronautical Authorities of one Party may require an Airline designated by the other 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 Service by such authorities, in conformity with the provisions of the Convention.
