- 1
- Each Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one or more airlines 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, and of an application from the designated airline, in the form and manner prescribed for operating authorizations, 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, provided that:
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- a)in the case of the airline(s) designated by the Kingdom of the Netherlands:
- (i)it is established in the territory of the Kingdom of the Netherlands under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid operating license issued by a European Union Member State 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 has its principal place of business in the territory of the European Union Member State from which it has received its valid operating license, and
- (iv)the airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union and/or the European Free Trade Association and/or by nationals of such States; and
- b)in the case of the airline(s) designated by the Republic of Korea:
- (i)it is established in the territory of the Republic of Korea and has a valid operating license issued by the Republic of Korea in accordance with the applicable laws and regulations of the Republic of Korea, and
- (ii)effective regulatory control of the airline is exercised and maintained by the Republic of Korea 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 the Republic of Korea and/or by nationals of the Republic of Korea; and
- c)the Contracting Party designating the airline(s) is maintaining and administering the standards set forth in Article 11bis on aviation safety and Article 11ter on aviation security of this Agreement; and
- d)the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party considering the application or applications.
- 3
- Upon receipt of the operating authorizations referred to in paragraph 2 of this Article, the designated airline(s) may begin to operate the agreed services, provided that it complies with the provisions of this Agreement.
