Wordt voorlopig toegepast per 06-11-2008
- 1
- Each Contracting Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an Airline designated by the other Contracting Party where:
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- i)in the case of the airline(s) designated by the Kingdom of the Netherlands:
- 1.it is not established in the territory of the Kingdom of the Netherlands under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law; or
- 2.effective regulatory control of the airline is not exercised or not maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation. in the case of the airline(s) designated by the Republic of Madagascar:
- 1.it is not established in the Republic of Madagascar or does not have a valid Operating licence in accordance with applicable law of the Republic of Madagascar; or
- 2.effective regulatory control is not exercised or not maintained by the Republic of Madagascar.
- (ii)that Airline has failed to comply with the laws and regulations referred to in Article 14 (Application of Laws, Regulations and Procedures) of this Agreement;
- (iii)the other Contracting Party is not maintaining and administering the standards set forth in Article 16 (Safety);
- (iv)such Airline fails to qualify before the Aeronautical Authorities of the Contracting 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;
- (v)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 paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting 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 Contracting Party to withhold, revoke, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Contracting Party in accordance with the provisions of Article 17 (Aviation Security).
