- 1
- Either Party shall have the right to designate, in writing through diplomatic channels to the other Party, an Airline or Airlines to operate International Air Services with any type of Aircraft in any configuration 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 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 Netherlands under the Treaty on the European Union 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 in the Caribbean part of the Netherlands is 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 an Airline is designated by the Dominican Republic:
- (i)the Airline is established in the Territory of the Dominican Republic and has a valid operating licence in accordance with Dominican Law; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the 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 nationals of such a State, and that:
- d)the Government designating the Airline(s) is maintaining and administering the standards set forth in Article 15 (Safety) and Article 16 (Aviation Security) of this Agreement.
- e)the Designated Airline(s) is/are qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of International Air Service by the Party considering the application or applications.
- 3
- Upon receipt of the operating authorization of paragraph 2 of this Article a Designated Airline 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.
