- 1
- Either Contracting Party shall have the right to designate, by written notification through diplomatic channels to the other Contracting Party, an Airline or Airlines 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, with minimum procedural delay, 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:
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- a)in the case an Airline in the European part of the Netherlands is 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 European Union 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 an Airline is designated by the Federative Republic of Brazil:
- (i)the Airline is established in the Territory of the Federative Republic of Brazil and has a valid Operating Licence in accordance with applicable law of the Federative Republic of Brazil; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the Federative Republic of Brazil; and
- (iii)the Airline is owned, directly or through majority ownership by the Federative Republic of Brazil and/or its nationals and/or by Member States of the Latin American Civil Aviation Commission and/or nationals of such States;
- c)in the case an Airline in the Caribbean part of the Netherlands isdesignated 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;
- d)the Government designating the Airline is maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 13 (Safety) and Article 14 (Aviation Security) of this Agreement; and
- 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 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.
