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- Either Contracting Party shall have the right to designate, by written notification through diplomatic channels to the other Contracting Party, one, or more, Airline[s] to operate International Air Services on the routes specified in the Annex and to substitute another Airline for an Airline previously designated.
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- Upon receipt of such a notification, each Contracting Party shall, without delay, grant to the Airline(s) so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article, unless it is not satisfied that:
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- a)in 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 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 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;
- c)in case an Airline is designated by the Cooperative Republic of Guyana:
- (i)the Airline is established in the Territory of the Cooperative Republic of Guyana and has a valid Operating Licence from a Member State of Caricom in accordance with the applicable law of that State; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the Member State of Caricom 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 and shall continue to be owned directly or through majority ownership, and the Airline is effectively controlled by a Caricom Member State and/or by nationals of such State; and that:
- d)the Airline is maintaining and administering the standards set forth in Article 15 (Safety) and Article 16 (Aviation Security) of this Agreement;
- 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.
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- 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.
