- 1
- Either Contracting Party may temporarily or permanently withhold, revoke, suspend or limit the operating authorizations or technical permissions of an Airline designated by the other Contracting Party, when:
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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 not established in the Territory of the Kingdom of the Netherlands under European Union Treaties or does not have a valid Operating Licence in accordance with European Union law; or
- (ii)effective regulatory control of the 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 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 an Airline is designated by the Federative Republic of Brazil:
- (i)the Airline is not established in the Territory of the Federative Republic of Brazil or has no valid operating licence in accordance with applicable law of the Federative Republic of Brazil; or
- (ii)effective regulatory control of the Airline is not exercised or not maintained by the Federative Republic of Brazil; or
- (iii)the Airline is not owned, directly or through majority ownership, by the Federative Republic of Brazil and/or its nationals and/or 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 is designated by the Kingdom of the Netherlands:
- (i)the Airline is not established in the Caribbean part of the Netherlands or does not have a valid operating license in accordance with the appropriate legislation for the Caribbean part of the Netherlands; or
- (ii)effective regulatory control of the Airline is not exercised or not maintained by the Netherlands; or
- (iii)the Airline is not owned, directly or through majority ownership, or is not effectively controlled by residents of the Caribbean part of the Netherlands with Dutch nationality;
- d)in case the other Contracting Party is not maintaining and administering the standards set forth in Article 8 (Fair Competition), Article 13 (Safety) and Article 14 (Aviation Security) of this Agreement; or
- e)in the event such Airline fails to qualify before the Aeronautical Authorities of the Contracting Party assessing the authorization, under the laws and regulations normally and reasonably applied to the operation of International Air Services by these Authorities in conformity with the Convention.
- 2
- Unless immediate action is essential to prevent further non-compliance with the conditions referred to in paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
- 3
- This Article does not limit the rights of either Contracting Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Contracting Party in accordance with the provisions of Article 13 (Safety) and Article 14 (Aviation Security) of this Agreement.
