- 1
- Each Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an Airline designated by the other Party, when:
-
- 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 Netherlands under the Treaty on the European Union 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 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 and 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 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.
- c)in the case an Airline is designated by the Dominican Republic:
- (i)the Airline is not established in the Territory of the Dominican Republic or does not have a valid operating licence in accordance with Dominican law; or
- (ii)effective regulatory control of the Airline is not exercised or not maintained by the State responsible for issuing its Air Operators 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 the State and/or by nationals of such a State.
- d)in case that Airline has failed to comply with the laws and regulations referred to in Article 13 (Application of Laws, Regulations and Procedures) of this Agreement;
- e)in case the other Party is not maintaining and administering the standards set forth in Article 15 (Safety) of this Agreement;
- f)in the event such Airline has failed to qualify before the Aeronautical Authorities of the 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;
- g)in case the Airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
- 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 Party. Unless otherwise agreed by the 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 Party to withhold, revoke, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Party in accordance with the provisions of Article 16 (Aviation Security) of this Agreement.
