Treedt in werking op een nader te bepalen tijdstip
- 1
- 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.
- 2
- On 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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- (i) in the case of the Airline(s) designated by the Kingdom of the Netherlands:
- 1.it 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; or
- 2.effective regulatory control of the Airline(s) 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; or
- 3.the Airline is owned, directly or through majority ownership, and it is effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States.
- (ii)in the case of the Airline(s) designated by the Republic of Cape Verde:
- 1.it is established in the Territory of the Republic of Cape Verde and has a valid Operating Licence in accordance with applicable law of the Republic of Cape Verde; or
- 2.effective regulatory control of the Airline(s) is exercised and maintained by the Republic of Cape Verde; or
- 3.the Airline has its principal place of business in the Republic of Cape Verde. and that:
- (iii) 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;
- (iv) 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 transportation by the Contracting Party considering the application or applications.
- 3
- 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.